Taking a Boat to Spain

[Chantal]

I am hopeing that someone with recent experience knows the asnwers to the follow:

1. We are uk domiciled but resident in Spain. Our boat is 11.90m LOA. I have read that spanish matriculation tax on boats was abolished in Jan 2011 on boats less than 12m LOA. Is this correct, and just to be clear does that mean that the 12% tax will not be levied on our boat?

2. Do we still have to register it with the Spanish authorities, if so does anyone know how to do this?

3. Do we still need a special Spanish certificate of competence (Titulo del Patron) to sail7skipper her, even though I have my ICC, RYA day skipper practical and RYA yacht masters theory?

Any advices would be gratefully received. thank you

[Bluewaters2812]

Originally Posted by Chantal

I am hopeing that someone with recent experience knows the asnwers to the follow:

1. We are uk domiciled but resident in Spain. Our boat is 11.90m LOA. I have read that spanish matriculation tax on boats was abolished in Jan 2011 on boats less than 12m LOA. Is this correct, and just to be clear does that mean that the 12% tax will not be levied on our boat?

2. Do we still have to register it with the Spanish authorities, if so does anyone know how to do this?

3. Do we still need a special Spanish certificate of competence (Titulo del Patron) to sail7skipper her, even though I have my ICC, RYA day skipper practical and RYA yacht masters theory?

Any advices would be gratefully received. thank you

I see the post is oldish with no replies. Where is your boat currently registered and where is it physically at the moment. That info would help as a start.

[barnakiel]

The 'abanderamiento' is no longer obligatory. The taxes are there. The taxes may vary depending on which part of Spain you are in.

If you are residents, you can have your possessions relocated. Any Spanish lawyer will support. Remember if you are residents all and any taxes related to boats as paid by local people will equally apply to you.

If you stay with your flag, you are supposed to meet you flag's requirements for skills/certifications. If a Spanish person drives your boat then they need a Spanish certification while in Spanish waters.

b.
Canary Islands

[Chantal]

Originally Posted by Bluewaters2812

I see the post is oldish with no replies. Where is your boat currently registered and where is it physically at the moment. That info would help as a start.

Hiya, the boat is registered on the SSR in the UK, but is currently moored in Garrucha, Almeria..

Hope this helps...

thanks for your help...

[Chantal]

Originally Posted by barnakiel

The 'abanderamiento' is no longer obligatory. The taxes are there. The taxes may vary depending on which part of Spain you are in.

If you are residents, you can have your possessions relocated. Any Spanish lawyer will support. Remember if you are residents all and any taxes related to boats as paid by local people will equally apply to you.

If you stay with your flag, you are supposed to meet you flag's requirements for skills/certifications. If a Spanish person drives your boat then they need a Spanish certification while in Spanish waters.

b.
Canary Islands

thanks.. what is the "abanderamiento"... as for the taxes, i understand it is 12% importation duty, which is why we are trying to avoid it!!!

we intend to stay with the uk flag...

thanks for your help

[Bluewaters2812]

Originally Posted by Chantal

Hiya, the boat is registered on the SSR in the UK, but is currently moored in Garrucha, Almeria..

Hope this helps...

thanks for your help...

The next question is: When and where did you buy it?

[Chantal]

Uk, March this year...

[boatman61]

To the best of my knowledge if the boat is SSR UK registered and VAT paid... and you are UK citizens you should have no problems keeping her in Spain and no reason to re register in Spain and/or pay taxes on her.
Being a resident should make no difference... we (UK) are a member of the EU and should not be taxed for moving personal property from one State to another.
Your qualifications (RYA Day Skipper) are quite adequate for your needs/purpose...

PS; If they get pissy.. which they might as they're trying to raise revenue to get out of the financial crap then just sail her down to Gib for a week or two once a year... that gets you out of the 'More than 12 months in Spain' excuse they may try on..

[Bluewaters2812]

Originally Posted by boatman61

To the best of my knowledge if the boat is SSR UK registered and VAT paid... and you are UK citizens you should have no problems keeping her in Spain and no reason to re register in Spain and/or pay taxes on her.
Being a resident should make no difference... we (UK) are a member of the EU and should not be taxed for moving personal property from one State to another.
Your qualifications (RYA Day Skipper) are quite adequate for your needs/purpose...

PS; If they get pissy.. which they might as they're trying to raise revenue to get out of the financial crap then just sail her down to Gib for a week or two once a year... that gets you out of the 'More than 12 months in Spain' excuse they may try on..

I agree with Boatman. You would have paid VAT in the UK when you bought it. You are an EU citizen/resident ... there should not be any duties/fees/vat payable at all. Just make sure you have the purchase agreement and preferably the original to prove the transaction. You probably had to supply that when you registered on the SSR anyway so I am sure you have it.

[Chantal]

are you sure about this...

we have been told that it is about us being tax resident in spain, not the boat, and if we are resident, we have to matriculate the boat @12% of the value... same as cars, irrespective of us all being EU members!!

:-(

[Bluewaters2812]

Originally Posted by Chantal

are you sure about this...

we have been told that it is about us being tax resident in spain, not the boat, and if we are resident, we have to matriculate the boat @12% of the value... same as cars, irrespective of us all being EU members!!

:-(

Not sure who is telling you that? I cannot see that as EU residents and UK citizens you would have anything due on the boat. We have freedom of movement, residence, work etc etc in the EU. It is the same economic area so I don't even see how it can be regarded as an "import" even. Whoever is telling you this ... require of them to provide you with the exact law/regulation that they are relying upon. That's about the best approach I can think of to get them off your backs to be honest.

[Chantal]

Thanks...

Spanish Lawyers and accountants alike are telling us that!!

It seems Spain has its own rules!

[boatman61]

I am a Portuguese resident.. if I wish to keep my car in Portugal full time I have to re-register her... however if I drive up to Santander and take her to the UK for a couple of weeks holiday... ne need as the 12 month rule restarts.. quite a few people do this.
Enquire about the 12 month rule... you are resident and liable to taxes but those are land related... marine law is something else and the vessel is not commercial and if you follow the Gib tactic you have stamped passports/documentation showing she was outside the EU for more than seven days.
Maybe GBN could come in on this one with his experience...

PS. My boats been in Portugal for 3yrs now, SSR reg and I've had no problems like yours

[Bluewaters2812]

Originally Posted by Chantal

Thanks...

Spanish Lawyers and accountants alike are telling us that!!

It seems Spain has its own rules!

Yeah, Spain is a dodgy place to invest at best. Not sure why you have contact with these accountants/Lawyers? I would ask them to provide the exact law/regulation if they contact you about this again. I am sure it is an old one they rely on and that it in all probability (as much as I hate Brussells and the EU), will conflict with some or other human rights or Brussells Law.

The EU is a farce about to implode so I would fight them all the way and make their attempts to extort money from you as difficult as possible. Last resort (and a nice trip) is to take the advice and sail to Gib for a week's break. Just make sure you report in there so you have proof you were there. Or sail across to Morocco.

[barnakiel]

Originally Posted by Chantal

thanks.. what is the "abanderamiento"... as for the taxes, i understand it is 12% importation duty, which is why we are trying to avoid it!!!

we intend to stay with the uk flag...

thanks for your help

Bandera is the flag. There used to be the obligation to re-flag the vessel (abanderamiento).

The tax is the importation tax and any other relevant local (comunidad) taxes that might apply. (E.g. Canary Islands are out of tax union so the VAT would be due.)

Have you asked your local lawyer if you qualify for property relocation exemption? (importacion de bienes por traslado de residencia - exencion del impuestos sobre determinados medios de transporte).

If you do, you will be able to avoid the importation tax on the boat and probably on some other items of yours.

b.