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 Post subject: Dry vs Wet Lease from a Sub-S
PostPosted: 28 Sep 2018, 09:15 
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Couldn't find the direct answer for this one...

A Sub-S owns my airplane, I am the sole member manager (owner) of the Sub-S. The primary mission of the Sub-S is not flying (ie it's not a charter op), but the airplane is its only significant asset.

Can I pay the Sub-S to dry lease the airplane?
Can I pay the Sub-S to wet lease the airplane?

I am the only owner, and the only pilot (of all the entities).

Do I need a commercial rating for this?

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 Post subject: Re: Dry vs Wet Lease from a Sub-S
PostPosted: 28 Sep 2018, 09:27 
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First...I don't know the answer.

Second...I *think* there are two issues. One is a tax issue, the other is an FAA/FAR issue.


(perhaps that's what you were asking....)

from the FAA viewpoint...I would think a commercial ticket would be needed if the flight is "for hire", i.e., there is any benefit to you, as the pilot.

FWIW, several years ago there was an enforcement action (allegedly) against a warbird pilot who accepted a hamburger and a hat for bringing his plane to a fly-in. The FAA deemed it compensation.

For this reason, many of the warbird organizations require all pilots to have a commercial ticket if they are going to take the plane to a show....even if the pilot doesn't get "paid".

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 Post subject: Re: Dry vs Wet Lease from a Sub-S
PostPosted: 28 Sep 2018, 09:33 
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Joined: 01/25/08
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Username Protected wrote:
Couldn't find the direct answer for this one...

A Sub-S owns my airplane, I am the sole member manager (owner) of the Sub-S. The primary mission of the Sub-S is not flying (ie it's not a charter op), but the airplane is its only significant asset.

Can I pay the Sub-S to dry lease the airplane?
Can I pay the Sub-S to wet lease the airplane?

I am the only owner, and the only pilot (of all the entities).

Do I need a commercial rating for this?


Gary,

You can dry lease to yourself or others. If leasing to others, they must supply their own crew. Technically they could hire you to pilot outside of the lease (commercial cert and class 2 Med required), but doing so is treading a thin line.

You cannot wet lease.

Wet vs dry refers has nothing to do with fuel as the name would suggest. In fact, you can have a dry lease, which includes fuel. A dry lease DOES NOT include required crew members, and the lessee is the legal operator of the aircraft. A wet lease includes the crew, and operational control rests with the lessor. Therefore, wet requires an air operators certificate from the FAA.

John IV


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