Buying a used boat in Spain post Brexit

[Misfit]

Hello All, I'm thinking of purchasing a small (under 10m) used boat and a berth (concession) in Spain as per the title within the next 3 months or so but am finding it very difficult to get information on the buying process and practical things like what taxes are applicable to UK residents on a used boat, what flag it needs to be under, whether its more beneficial to buy from a broker or private seller, what paperwork I should expect to get etc.
Obviously I want to pay as little tax as possible because that would mean more money towards the boat itself.

I understand the 90/180 day visiting rule for non EU residents and will only be using/staying on the boat for long weekends and short holiday breaks, I will also have my ICC before I buy anything, (which I think I'm right in saying is now being acknowledged by EU countries) and the boat will be VAT paid in Spain (and staying in mainland Spain).
I know there is a community charge for the berth plus electricity, water, and possibly tax charges on top of those.

So what am I missing?

Most of what I have found was written before we left the EU and is prediction based as oppose to what actually applies now, so any up to date info, relevant links or recommendations would be much appreciated, TIA

 

[kashurst]

Nothing has changed in Spain for a UK person to buy and keep a boat there. If you buy a secondhand boat there is no tax if it is already VAT paid. Just check the VAT (IVA) has been paid and make sure there is a receipt or other document to confirm that - If it is originally a Spanish registered boat it will state on the registration documents what IVA was paid. I believe as a British person you will need to register the boat on the UK SSR or Part 2 UK ships registers and insure it with a UK company. Phone a few insurance co's to check this. It would be worth going through a broker to make sure the registration gets changed correctly and they will help you find a mooring. Not a good idea to leave it tied to a buoy if you are not going to be around a lot of the time.
If you keep the boat in the Valenica Region you will have to pay the G5 tax which is a charge for actually having the boat in the water. The price depends upon the boat - Under 10m it will be @ 150 euros a year.

You will need an ICC a VHF radio license, Insurance and your passport and you should be good to go. Don't forget some safety kit too, lifejackets, VHF and an EPIRB is a good idea if you are planning on going far out to sea - safer than flares.

Unfortunately in future bringing a boat from the Med back to the UK may well incurr a new UK VAT charge if the boat is going to be permanently imported.

If you know what area you want to keep the boat, pretty sure someone on here will be able to point you in the direction of a good broker etc.

 

[DavidJ]

I’m thinking your simplest solution is to try and find a Brit with SSR registration selling his boat in Spain. You must have proof of boat location on 31st Dec 2020 to qualify for EU tax paid. (Assuming boat was first bought in the UK)
It will save the unknown complication of deregistering a Spanish boat.
On the more positive side, boats sold by Spaniards whether private or through a dealer have a 6 month guarantee by law (it was on this forum a couple of weeks back)

 

[kashurst]

You must have proof of boat location on 31st Dec 2020 to qualify for EU tax paid.

Is that a real thing, or just a hangover from Brexit chaos?

 

[Hurricane]

One extra point on the concession.
In our part of Spain, they have been charging a tax on concessions changing hands.
It seems to be a set fee according to the size of the berth.
This is still new to me - it may be possible to avoid the tax if buying the concession from another UK resident.
In our area, a 15m berth attracts a fee of about 3500 euros - I think this is to register you as the owner of the concession.
I don't think the Spanish have fully worked out the implications yet.
What happens if there is only a year or two left on the concession?
Still - worth checking in the marina that you are planning to use - a tax like this might add to your costs.

 

[Hurricane]

Is that a real thing, or just a hangover from Brexit chaos?

I think David is being a bit hard.
Imagine if you were a Spanish resident and you bought from another Spanish resident.
I'm sure that you wouldn't expect to have to prove where the boat was on the 31st Dec 2020.
The boat in question would be an EU good.
It is just because we are Brits, and our boats COULD have been considered to be not VAT paid even though they are EU goods.
So, yes, it is a good thing to establish where the boat was on the night of the 31st Dec 2020 but it isn't a "requirement" as there is nothing to "qualify.
If the boat was in the EU on 31st Dec 2020, it IS an EU good - that all there is to it.

 

[longjohnsilver]

I’m thinking your simplest solution is to try and find a Brit with SSR registration selling his boat in Spain. You must have proof of boat location on 31st Dec 2020 to qualify for EU tax paid. (Assuming boat was first bought in the UK)
It will save the unknown complication of deregistering a Spanish boat.
On the more positive side, boats sold by Spaniards whether private or through a dealer have a 6 month guarantee by law (it was on this forum a couple of weeks back)

What does this 6 month guarantee cover? I can’t believe it’s anything other than relating to title otherwise it’s open to all sorts of abuse.

 

[Misfit]

Nothing has changed in Spain for a UK person to buy and keep a boat there. If you buy a secondhand boat there is no tax if it is already VAT paid. Just check the VAT (IVA) has been paid and make sure there is a receipt or other document to confirm that - If it is originally a Spanish registered boat it will state on the registration documents what IVA was paid. I believe as a British person you will need to register the boat on the UK SSR or Part 2 UK ships registers and insure it with a UK company. Phone a few insurance co's to check this. It would be worth going through a broker to make sure the registration gets changed correctly and they will help you find a mooring. Not a good idea to leave it tied to a buoy if you are not going to be around a lot of the time.
If you keep the boat in the Valenica Region you will have to pay the G5 tax which is a charge for actually having the boat in the water. The price depends upon the boat - Under 10m it will be @ 150 euros a year.

You will need an ICC a VHF radio license, Insurance and your passport and you should be good to go. Don't forget some safety kit too, lifejackets, VHF and an EPIRB is a good idea if you are planning on going far out to sea - safer than flares.

Unfortunately in future bringing a boat from the Med back to the UK may well incurr a new UK VAT charge if the boat is going to be permanently imported.

If you know what area you want to keep the boat, pretty sure someone on here will be able to point you in the direction of a good broker etc.

Thanks, this is exactly the kind of info I was looking for.. I would ideally like to keep it in either Fuengirola or one of the Torrevieja marinas as I know and like both areas for different reasons.
I was unsure about tax because one article I read said you do pay tax but less from a private seller than if off of a broker? Maybe that was referring to when we were still in the EU though

 

[DavidJ]

Is that a real thing, or just a hangover from Brexit chaos?

Yep it’s both
If you take your UK tax paid boat to the EU after 31st Dec 2020 you will have to pay EU tax so you will have to prove that it was there on that date.
Thanks to Hurricane and others, most of us here organised our marinas to give us written proof of location at year end 2020

 

[Misfit]

[Inappropriate quoted content removed]

Thanks but I'm looking at mainland, either Torrevieja or Fuengirola. Boat wise I am still looking/open but I really like the Doral 250 SE, or something very similar. It has the space I want and I know its on the heavy side but I also think its a great looking boat as well!

 

[julians]

Thanks but I'm looking at mainland, either Torrevieja or Fuengirola. Boat wise I am still looking/open but I really like the Doral 250 SE, or something very similar. It has the space I want and I know its on the heavy side but I also think its a great looking boat as well!

No worries, good luck with the search.

 

[DavidJ]

What does this 6 month guarantee cover? I can’t believe it’s anything other than relating to title otherwise it’s open to all sorts of abuse.

I’ve been trying to find the posting I referred to but yes the posting did imply abuse with the new owner claiming faults with the engine and a previously repaired hull.
Someone may be able to find the link.

Got it
Legal problems after selling my boat in Spain

 

[longjohnsilver]

I’ve been trying to find the posting I referred to but yes the posting did imply abuse with the new owner claiming faults with the engine and a previously repaired hull.
Someone may be able to find the link.

Got it
Legal problems after selling my boat in Spain

Latent defects I read to mean known defects or problem(s) you’ve attempted to hide.

 

[kashurst]

I keep my boat in Torrevieja so if you need any info send me a PM or post here.

 

[Hurricane]

I was unsure about tax because one article I read said you do pay tax but less from a private seller than if off of a broker? Maybe that was referring to when we were still in the EU though

I can't see that would be the case either before or after Brexit.

So, to recap, if you buy a boat that is already an EU good (in the EU on the 31st Dec 2020) and you keep it in the EU, there shouldn't be any tax to pay on it.

 

[PlanB]

It's been two years since I sold my boat in Spain, and I rented my mooring, but buying in Andalucia you need to be very sure how long a lease you are buying - a lot of marinas were due to revert to the authorities.

 

[DavidJ]

Latent defects I read to mean known defects or problem(s) you’ve attempted to hide.

Not sure the “attempting to hide” is part of the definition
I quote
In the law of the sale of property a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.

 

[Misfit]

I keep my boat in Torrevieja so if you need any info send me a PM or post here.

Thanks, I might just do that. I'll be in Torrevieja from the 23rd - 30th of this month, (as long as Spain stays on the amber list!) and am planning on having a look round and getting info on fees etc

 

[Misfit]

It's been two years since I sold my boat in Spain, and I rented my mooring, but buying in Andalucia you need to be very sure how long a lease you are buying - a lot of marinas were due to revert to the authorities.

I think all concessions in Fuengirola run until 2035 but thanks, I will double check that

 

[Steamboats52]

A late joiner to this thread. I am also looking into buying a UK flagged boat in Torrevieja. The boat will have been in Spain at the end of the Brexit transition period.
I am a UK resident with a holiday apartment in Spain, using it within the 90/180 Schengen limits.
Even for a sub-8m UK flagged yacht, I think I would be required to take it out of the EU every 18 months. Tricky! Or would I be exempt from this because I am not in Spain or EU for more than 183 days/year?
Alternatively, if it is already CE marked, should I re-register it in Spain? Or will that require a re-certification inspection?
Or just register it under a Polish flag?
My brain is hurting.............