Boat Ownership - Spain

[emmjay]

I am moving to Spain for work later this year. My husband will not be moving with me and will remain tax resident in a non-EU country. We are thinking about buying a boat in the next year or so, and I am just hoping to clarify some things about Spain in particular.

First, if I am resident in Spain and purchase a Spanish boat, my understanding is that we would not have to pay the matriculation tax but I would need to get the PER license in order to sail it in Spanish waters. Is that correct?

If we bought a boat in France or elsewhere in the EU, I assume I would have to declare it in Spain as an asset, even if we never brought it to Spain. And that would bring the matriculation tax (plus potentially the PER license if we ever brought the boat to Spain). Do we avoid this if the boat is only in my husband's name? That's disregarding the issue of me not owning the boat for legal/inheritance issues, which would not be ideal for me!

Right now I am leaning toward taking a year to study for the PER test and buying a Spanish boat, but my husband thinks it will be easier if we buy a boat in his name elsewhere and keep it out of Spain. I am just trying to make sure we understand everything correctly before we plan for one thing or the other, so any guidance would be appreciated.

[Greg K]

Complex question.

Residing in Spain and keeping a boat in a different EU country is probably not an ideal situation I would think, although lots of Europeans, especially Germans, do just the opposite.

The PER is a pain in the butt IMHO and, by itself without the additional certification, is pretty useless unless you're satisfied with just going along the coast no further than 12 miles out from one marina to another and only in daytime. You will regret not being able to legally cruise to the Balearics, for example... assuming you would keep the boat in Med Spain

Your easiest solution to owning and cruising a sailboat in Spanish waters as a Spanish resident would be to buy a Spanish registered boat and reflag it foreign to whatever your nationality happens to be, especially if you already hold operator certification from your home country. This would put you outside of the Spanish regulatory process with the single exception of having to meet Spanish regulations regarding safety equipment on board.

Whatever you decide to do, might be your worthwhile to run it by a Spanish maritime lawyer before committing to a plan.

[emmjay]

Thank you so much for all of that info! It is a complex question, but I am just trying to think ahead. This is roughly 384th on our list of tax/financial considerations for me moving to Spain, but it is the most interesting consideration to me at the moment!

I have Irish/UK/US citizenships and have been resident in the UK for 13 years. I currently have RYA Day Skipper and an ICC license. My understanding is that the Irish process is also a pain in the butt, and that I won't be able to flag the boat in the UK unless I keep an address there (which I might be able to do). My husband will be in the UAE, and I don't know if that will be an option or not. That said, I didn't know it was even an option to reflag the boat to a different nationality, so that is great to know.

Thanks again - very useful for me as I plan! I will also take your advice on contacting a Spanish maritime lawyer first (if you have any recs, I would be most grateful!).

[cargar12]

This is helpful. I'm Canadian and buying boat in Spain, where she'll stay. Will not meet Spanish residency threshold for next several years, at least.

Any Canadians out there recently register a EU boat in Canada?

Carlos

[Greg K]

Originally Posted by cargar12

This is helpful. I'm Canadian and buying boat in Spain, where she'll stay. Will not meet Spanish residency threshold for next several years, at least.

Any Canadians out there recently register a EU boat in Canada?

Carlos

Yes, Carlos, I did it in 2018, with the exception that, unlike you, I was already a resident of Spain. So it can be done. You're only issue will be insurance. Difficult to get insurance in Spain unless you are a resident or the boat is Spanish flagged. And getting Canadian insurance for a boat based in the EU will probably also be difficult.

[cargar12]

Thanks. Irritating that things can't be more straightforward. I guess I'll start with the insurance, and then work backwards to determine registration.

[boatman61]

You could always register and insure it in Poland.
https://www.boatandyachtregistration...tion-form.html

[cargar12]

Thanks -- Polish flags very common in Spain. The question is, will anyone insure me if I'm still resident in Canada?

[Montanan]

Determine ability to obtain insurance before purchasing the vessel and make obtaining insurance coverage a contingency of closing any purchase offer.

No insurance, no deal.

[boatman61]

Originally Posted by cargar12

Thanks -- Polish flags very common in Spain. The question is, will anyone insure me if I'm still resident in Canada?

Contact the link I posted, seems they handle insurance as well.. costs nothing to ask.

[cargar12]

Wow, looks easy-peasy, hopefully not a mirage. Asking for a quote now and if it means I have to go Polish, so be it.

[Greg K]

Originally Posted by cargar12

Wow, looks easy-peasy, hopefully not a mirage. Asking for a quote now and if it means I have to go Polish, so be it.

Looks can be deceiving. You underestimate governments' determination.

The Dutch and Belgian flags of convenience came and went. Now Polish is the new rage. It won't last long in Spain. As an Eu resident you have the right to flag your boat with any flag you wish, but there is a fine print to that right which, though not enforced at the moment, will no doubt be sooner than later considering the large number of Polish flagged vessels in anchorages... almost all of them, flags of convenience. That fine print basically stipulates that you must provide evidence of a " connection" to the country whose flag you are flying.

Maybe you can learn to make pierogy and carry plenty of Polish kielbasa aboard to prove your cultural connection... just a thought

[nmuir]

@cargar12.

I purchased a US registered boat in Spain. I re-flagged it as Canadian and have been managing the 18 month VAT exemption since. I have found insurance but it was a bit of a trick to find. Yesterday a fellow Canadian mentioned Dolphin out of Vancouver for his boat. I'll check it next year. Feel free to PM me if you have any specific questions.
Cheers, Neil

[kaz911]

we have a Spanish registered boat on Velos insurance in Spain - but living in the UK. Not a problem.

For you ICC you need local harbour master approval that he agrees your Day Skipper/ICC is valid for Spanish waters and you are good to go.

Tax - well... not easy and depends. There are rules and exceptions and exceptions to the exceptions. You need to talk to an expert.

Spain requires boats >2.4m with engine to be registered. But many in Spain gets around it by adding it as a "Tender" to a slightly larger yachts. So one of our dock neighbours have a 40' sail boat with a 28' Boston Whaler "tender"... So in Spain as long as they can tick the right boxes you can proceed. But it requires local "knowledge" to get the right people to sign off.