EU citizen buying used 6M boat in Spain that's on SSR

[billskip]

The seller is a UK resident living in Spain.

Hi Gr1f, I forgot to say welcome to the forum, dont take any notice of the bickering that goes on, it's the norm and all are very helpful folks.
AFAIK, as westernman says, No grace period.

As the seller is living in Spain he should have registered the boat in the Spanish register, or at least declared the asset,by doing this he should have paid any tax due on the boat, but he will be allowed to keep the UK flag, however he will have to remove the boat from the register or change ownership details, this May incur a charge of 4% Tax ( ITP )of the boats value.
Have a read /look at these people......


I hope all goes well for you.

 

[DavidJ]

The seller is a UK resident living in Spain.

A can of worms just opened up. (or not!)
Is this true for your seller?
“You will normally be treated as UK resident in any tax year if you are physically present in the UK for 183 days or more in that year. In terms of counting days, this means you are physically present in the UK at midnight on 183 days or more.”

ref First thing that comes up on a Google search

 

[westernman]

The seller is a UK resident living in Spain.

That is a contradiction.

He is either a UK resident (and citizen?) and visiting Spain.
Or he is not resident in the UK and is resident in Spain.

 

[Portofino]

This is the U.K. version of residency .Just to illustrate the complexity.You don‘t choose because you fancy it ( or not )
Spending time in U.K. to hold it , or in Sp to dump it is only part of a complex equation .

Your expat guide to UK residency rules - Part 1

The seller needs to work through the Spanish equivalent as well as the U.K. ^ .

It is indeed a can of worms and tbh outside of this thread because of the infinite variables at play that we are blind to .

 

[Hurricane]

That is a contradiction.

He is either a UK resident (and citizen?) and visiting Spain.
Or he is not resident in the UK and is resident in Spain.

I agree
I was just going to say that as well.
I think that is his first question.

 

[Hurricane]

As the seller is living in Spain he should have registered the boat in the Spanish register, or at least declared the asset,by doing this he should have paid any tax due on the boat, but he will be allowed to keep the UK flag, however he will have to remove the boat from the register or change ownership details, this May incur a charge of 4% Tax ( ITP )of the boats value.

I suspect that you are correct.
But if the seller is living (legally) in Spain (and not just a tourist doing the 90/180 day thing), he may/should have registered for Residencia.
After 183 days in Spain, he should also have registered for tax in Spain.
So Gr1f has some pretty loaded questions to ask.

 

[billskip]

I suspect that you are correct.
But if the seller is living (legally) in Spain (and not just a tourist doing the 90/180 day thing), he may/should have registered for Residencia.
After 183 days in Spain, he should also have registered for tax in Spain.
So Gr1f has some pretty loaded questions to ask.

Agreed , all I try to do is encourage awareness of all possible situations.
Even if I am wrong about something but it makes it known, its better to be aware.

I have difficulty with links, but if you Google nautalegal there is a lot of info there for free,
Of course it may not be interpreted/translated correctly but it gives an idea of the hurdles.

 

[billskip]

That is a contradiction.

He is either a UK resident (and citizen?) and visiting Spain.
Or he is not resident in the UK and is resident in Spain.

I woud tend to agree ,but there have been other threads which seem to infer its possible dual residence.
In some findings its said "in the tax year" and others say in the calendar year.

It has been argued that as the tax year is 1 jan to 31 dec one can spend 180 days up to 31 dec then continue with another 180 days in the new tax year.
Something tells me that this would be open to argument and I think there is a case going on at the moment involving a multi millionaires tax liability.

 

[Gr1f]

OK, thanks for all the advice.
Maybe look at it this way?
This is a UK owned and registered boat that is kept here and has been for over 10 years. The owner is not a Spanish resident, they holiday here. The boat is being sold to me, an Irish resident, and I will register the boat with the Irish Authorities. I will also keep the boat here. Like the 1000's of UK SSR Boats I see in any marina in the Costa del Sol. From that perspective there is no reason to inform or bring the Spanish authorities into this.

If/when I decide to become a full-time resident in Spain (I'll be availing of the new Digital Nomad scheme when it goes live) I may have to register the boat here at some point but I'll deal with that when the time comes.

PS I'm currently seeking legal advise on this