Those magnificent taxmen and their definitions of Flying Machines

Humankind has been trying to fly since the moment it discovered it could walk...

Those magnificent taxmen and their definitions of Flying Machines

31 Jan, 2020

Humankind has been trying to fly since the moment it discovered it could walk. The possibility of being able to soar like a bird has captured human imagination and led to the creation of myths and legends: from Icarus flying too close to the sun, to Vim?na, the mythological flying chariot. The first known man made flying device a steam powered “pigeon” model – was allegedly created by the Greek Archytas in 400 BC.

Before humans conquered the skies they set forth to dominate the seas. As a result much aviation terminology has maritime origins the word ‘aircraft’ was derived from the expression ‘small craft’ which were considered ‘small boats in general’; this was adapted to aircraft for air transport.

So, what is an aircraft now?

The Oxford English Dictionary defines an ‘aircraft’ as flying machines collectively. Not exactly helpful.

When is a definition helpful… when you may have to pay tax as a result!

HMRC provides no current definition of ‘aircraft’, however, they do borrow from the UK Air Navigation orders of 1954 and 2005 definition which state:

“flying machines i.e. an aircraft heavier than air and having a means of mechanical propulsion, as well as aeroplanes (landplanes, seaplanes, amphibians and self-launching motor gliders), power lift (tilt rotor) and rotorcraft (gyroplanes and helicopters).”

Consequently, HMRC consider the following as ‘aircraft’:

aeroplanes (civil or military)
helicopters
airships
drones (unmanned craft)

On this basis, if you are going to own, buy, sell or use an aeroplane helicopter, airship or a drone you should come and talk to us regarding your tax situation.

On the other hand, if you are looking at purchasing a balloon (whether captive or free), a kite or a non-motorised glider then HMRC do not appear to be that interested.

Please note that while spacecraft, satellites and missiles are not designated as aircraft, they are considered ‘ships’. Please do contact us if you would like advice on these areas!

Humankind has been trying to fly since the moment it discovered it could walk…

LinkedIn

Follow us on LinkedIn to stay up to date with all our latest news and events.

YouTube

Subscribe to our channel to watch our webinar series and IOM Aviation Conference videos.

Latest Posts

Welcome Aboard Ian Petts!

Welcome Aboard Ian Petts!

We are delighted to announce that Ian Petts has joined Martyn Fiddler. Bringing with him a wealth of experience and expertise in finance and asset management across the aviation, marine, trust and luxury asset sectors. Ian is a Fellow of the Institute of Chartered...

read more
Honouring John Schmidt’s Remarkable Legal Career

Honouring John Schmidt’s Remarkable Legal Career

At the end of June 2025, our valued colleague and friend, John Schmidt, of Aerolaw in Seattle, officially entered retirement. Over the years, we at Martyn Fiddler have had the privilege of partnering with John on a variety of matters relating to tax, customs, and...

read more