Boats legal situation in Spain

[pcatterall]

Coral Wind ( a Neptunian 10m 1984 yacht) was sailed to Sardinia from the UK 11 years ago and was then to Burriana (Spain) 7 years ago.
She has been at the Marina Burriana Nova all of those 7 years.
She is now in group ownership and one member has raised the question of VAT and keeping the boat in Spain.
I thought that there was no VAT issue ( due to Age) and that we had established 'pre brexit residency' ( my term!)
he asked about the 'Aduerano' situation and I have no idea about that!
Can anyone explain our situation please?

 

[billskip]

If the boat was singularly owned and shares have been sold to others, its highly likely that a sales tax is due, as for the boat itself I very much doubt any charges will be made against it.

 

[Tranona]

From an EU VAT point of view there is no issue as that is unrelated to the owners (or its age). It is EU VAT paid on accou8nt of it being in the EU on 31/12 2020 under the Withdrawal Agreement. You can sell it freely in the EU. If you brought it back to the UK it will also be eligible for Returned Goods Relief and be free of VAT in the UK. if you sell it in the EU it loses that right.

When you became resident you should have declared it as an asset and paid a tax on importation. However that tax could have been avoided if you had followed the correct procedure (and would have been small anyway). I suggest you take legal advice locally.

 

[billskip]

You can sell it freely in the EU

Why do you say these things?

 

[MikeBz]

I think he means free of EU VAT.

 

[Tranona]

Why do you say these things?
View attachment 162016

You are confusing local state taxes with EU VAT. Sales between private individuals are not subject to VAT anywhere in Europe so he can sell the boat freely as I said.

 

[pcatterall]

Thanks all. Small point is that non of the group are Spanish residents, don't know if that is significant?

 

[billskip]

You are confusing local state taxes with EU VAT. Sales between private individuals are not subject to VAT anywhere in Europe so he can sell the boat freely as I said.

I am not confusing any thing , read my post #2
As usual you are twisting things around trying to suit your assertion of authority

 

[billskip]

Thanks all. Small point is that non of the group are Spanish residents, don't know if that is significant?

If you are concerned, ask the Spanish authorities.

 

[Tranona]

I am not confusing any thing , read my post #2
As usual you are twisting things around trying to suit your assertion of authority

I think you will find the group ownership preceded him taking up his rights to residence.

I answered the OPs question which was about VAT and whether it should have been declared when he took up residence.

The statement I made about being free to sell that you are complaining about in the EU is true because it is considered EU VAT paid. It may be that a local transaction tax is payable on the change in ownership structure, but there is insufficient information to determine this. So the advice of both of us to take local legal advice is valid.

It is not about "assertion of authority" but about answering thee question.

 

[billskip]

that you are complaining about

I'm not complaining about anything, you are again exaggerating to attention seek.

I think you will find the group ownership preceded him taking up his rights to residence.

Where does it say this?
My post #2 suggest that he has nothing to worry about (re vat ) but maybe tax is due on the sale of shares.
Where you get this idea that I am confused with vat and tax on the sale of shares is your belief of your wonderful ability to belittle.

 

[Refueler]

Coral Wind ( a Neptunian 10m 1984 yacht) was sailed to Sardinia from the UK 11 years ago and was then to Burriana (Spain) 7 years ago.
She has been at the Marina Burriana Nova all of those 7 years.
She is now in group ownership and one member has raised the question of VAT and keeping the boat in Spain.
I thought that there was no VAT issue ( due to Age) and that we had established 'pre brexit residency' ( my term!)
he asked about the 'Aduerano' situation and I have no idea about that!
Can anyone explain our situation please?

Can I ask :

Is it still UK registered / flagged or did it re-register Spanish flag ?

Are there any documents showing its arrival date back 11 yrs ago ?

Just asking.

My UK boat was changed to Latvian (EU) flag while UK was still in EU .... simple ....
But if I was to do it now - different ball game altogether ...

Reason I mention is that not all states follow just EU rules .... they ADD onto them ... as is their choice ...

As another suggests .... find a friendly local to answer ....

 

[Buck Turgidson]

Flag has nothing to do with VAT. I can’t count how many times this has been stated.

 

[Refueler]

Flag has nothing to do with VAT. I can’t count how many times this has been stated.

Lets take a boat brought to Latvia in 2007 .... Brit flag .... no import dues .. no VAT etc. In about 2012 .. 2013 (cant remember exactly when ... she is changed to Latvian Registry / Flag .... no dues / no VAT ...

I can sell that boat and still no tax / no VAT ..... but if she was still Brit Flag today - because UK is no longer EU ... what would be the VAT situation then ?

When Flag is mentioned - it is generally accepted that the Flag is based on the Registration or Home Port of the boat ...

My questions still stand.

 

[Buck Turgidson]

Latvia is an EU member. The boat was in the EU on the Brexit date therefore it is EU VAT paid.

 

[Refueler]

Latvia is an EU member. The boat was in the EU on the Brexit date therefore it is EU VAT paid.

Again - typically missing the point of the post ...

READ it again ... having had lengthy chats with the Local Registration boss ... based on my new boat - even though from Sweden ... NOT all EU states apply rules the same ...

That fact became obvious when Covid Vaccines were available as one example.

 

[Graham376]

Lets take a boat brought to Latvia in 2007 .... Brit flag .... no import dues .. no VAT etc. In about 2012 .. 2013 (cant remember exactly when ... she is changed to Latvian Registry / Flag .... no dues / no VAT ...

I can sell that boat and still no tax / no VAT ..... but if she was still Brit Flag today - because UK is no longer EU ... what would be the VAT situation then ?

When Flag is mentioned - it is generally accepted that the Flag is based on the Registration or Home Port of the boat ...

My questions still stand.

As said previously, flag has no bearing on VAT.

 

[Buck Turgidson]

Again - typically missing the point of the post ...

READ it again ... having had lengthy chats with the Local Registration boss ... based on my new boat - even though from Sweden ... NOT all EU states apply rules the same ...

That fact became obvious when Covid Vaccines were available as one example.

I read it. Flag is irrelevant under EU law.