Customs/ Immigration for purchasing non EU VAT paid boat in Spain

boatinspain

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Some questions regarding purchasing a boat in the EU.

I am going to purchase an EU VAT not paid boat currently in Barcelona, which in in the EU under a Temporary Admission (TA).

The plan is for the seller (non-EU) and me (non-EU) to fly out, sail the boat into International waters, Complete the sale (sign Bill Of Sale) noting lat/long on BOS and photos of plotter etc , then return to Barcelona under a new TA in my name/ registration (i have a provisional registraion set up)

Questions:
1. Any issues with the above plan from a customs point of view?

2. Is there a check out procedure for private vessels on a TA in Spain, or is simply crossing the 12nm limit satisfactory

3. From a immigration point of view, do we need to stamp out before we set sail and stamp back in on our return given we have technically left the EU, albiet for a matter of minutes...
 

Tranona

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That is one way of doing it - but there is not an "official" procedure but the process is managed at a local level. In theory it is not necessary to take the boat out of the EU for completing the purchase as you are not importing it into the EU. Your personal situation is unconnected to the boat, but if you do leave EU waters it is perhaps sensible to check out and back in to prove that you were not in the EU.

However you are not doing anything underhand and may be a good idea to speak to the local customs and ask their advice. In Greece, for example i have known them put the boat in bond temporarily while the sale is completed. As you have to apply for TA when you own the boat makes sense to advise customs.
 

boatinspain

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My understanding about TA's was that boats cannot be sold while under a TA.

Could you expand further on "In theory it is not necessary to take the boat out of the EU for completing the purchase as you are not importing it into the EU."
 

Tranona

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My understanding about TA's was that boats cannot be sold while under a TA.

Could you expand further on "In theory it is not necessary to take the boat out of the EU for completing the purchase as you are not importing it into the EU."
Not quite. They cannot be sold for use in the EU which means importing and paying VAT. You are not doing that which is why I suggest you talk to customs. There is not a standard EU procdure as implementation of the rules is an individual state competence - the Greek process is different from the Italian for example
 

Irish Rover

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Back in 2017 I bought a VAT not paid boat which was iin Greece under TA. The seller was Swiss and non resident in the EU. I'm also non resident in the EU. The boat was actually on the land when I bought it. I had no difficulty with customs who issued me with a new 18 month transit log.
 

pipemma

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Back in 2017 I bought a VAT not paid boat which was iin Greece under TA. The seller was Swiss and non resident in the EU. I'm also non resident in the EU. The boat was actually on the land when I bought it. I had no difficulty with customs who issued me with a new 18 month transit log.
Can you tell me how much the 18-month transit log costs? Thanks
 

pipemma

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I think I paid €32 last September - I'm not 100% sure because I paid the Tepai at the same time both in cash.
Thank you; that's what I was originally quoted (30 + some odd charges), but our agent rang customs today and they're talking about €400 - when it's highly likely we will only be in Greek waters for about 4-5 days
 

CJ13

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Absolutely no need to use an agent.
In addition to a TL you will need to pay one months Etepai, (Cruising Tax) which is dependent on boat length.
 

Irish Rover

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Thank you; that's what I was originally quoted (30 + some odd charges), but our agent rang customs today and they're talking about €400 - when it's highly likely we will only be in Greek waters for about 4-5 days
That's bonkers. As @JFowler says no need to use an agent. Just go to passport control, then customs then port police with your papers. Make sure you have a crew list prepared in the required format. The stroker either misunderstood or is taking the michael.
 

pipemma

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That's bonkers. As @JFowler says no need to use an agent. Just go to passport control, then customs then port police with your papers. Make sure you have a crew list prepared in the required format. The stroker either misunderstood or is taking the michael.
It's not any old agent, it's our representative in Greece from when we were operating as a charter boat. Customs are telling her they want €400 for the transit log - Tepai is paid.
 

Baggywrinkle

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Some questions regarding purchasing a boat in the EU.

I am going to purchase an EU VAT not paid boat currently in Barcelona, which in in the EU under a Temporary Admission (TA).

The plan is for the seller (non-EU) and me (non-EU) to fly out, sail the boat into International waters, Complete the sale (sign Bill Of Sale) noting lat/long on BOS and photos of plotter etc , then return to Barcelona under a new TA in my name/ registration (i have a provisional registraion set up)

Questions:
1. Any issues with the above plan from a customs point of view?

2. Is there a check out procedure for private vessels on a TA in Spain, or is simply crossing the 12nm limit satisfactory

3. From a immigration point of view, do we need to stamp out before we set sail and stamp back in on our return given we have technically left the EU, albiet for a matter of minutes...
I bought a non-VAT paid boat in Croatia from a Croatian company. In this case we had to export the boat which involved going to customs and filling out export/sale paperwork followed by checking out of Croatia and heading 12 nm out ... I sailed out, changed the boat name and sailed back in again and applied for a TA - was no problem at all. Bear in mind there is no time stipulated between an exit and re-entry so it can all be done on the same day.

Checking out involves visiting the border control and customs at your port of entry/exit, and getting passports stamped - just like you would at an airport or ferry terminal. Investigate if you also need an official crew list too.

Your plan to sail out under one ownership, transfer the boat and sail it back in with a new identity under your name should work fine - it's basically exactly what I did.

I would investigate if it is possible in Spain to simply transfer ownership and start a new 18 month TA to save the hassle . may be possible?

In my case, the seller, as a Croatian company, had to ensure the boat had been exported to enable them to sell it to a private individual VAT free.
 

Irish Rover

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It's not any old agent, it's our representative in Greece from when we were operating as a charter boat. Customs are telling her they want €400 for the transit log - Tepai is paid.
Call customs yourself and if you're still getting the same answer then call a different customs office and ask the same question - I usually go to Pythagorio to check in - this was the number last time I called them +302273061030
 

Fr J Hackett

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Call customs yourself and if you're still getting the same answer then call a different customs office and ask the same question - I usually go to Pythagorio to check in - this was the number last time I called them +302273061030
Good advice but it could be all Greek to him when he gets someone on the phone ;)
 

Tranona

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I bought a non-VAT paid boat in Croatia from a Croatian company. In this case we had to export the boat which involved going to customs and filling out export/sale paperwork followed by checking out of Croatia and heading 12 nm out ... I sailed out, changed the boat name and sailed back in again and applied for a TA - was no problem at all. Bear in mind there is no time stipulated between an exit and re-entry so it can all be done on the same day.

Checking out involves visiting the border control and customs at your port of entry/exit, and getting passports stamped - just like you would at an airport or ferry terminal. Investigate if you also need an official crew list too.

Your plan to sail out under one ownership, transfer the boat and sail it back in with a new identity under your name should work fine - it's basically exactly what I did.

I would investigate if it is possible in Spain to simply transfer ownership and start a new 18 month TA to save the hassle . may be possible?

In my case, the seller, as a Croatian company, had to ensure the boat had been exported to enable them to sell it to a private individual VAT free.
Your last sentence makes your situation very different from the OP. Proof of export for a boat by a VAT registered seller is required everywhere, but transactions for non EU VAT paid boats in the EU under TA are owned by non EU residents. While making the transaction outside the EU is one way, it is up to the individual state how it manages the process, and as Irish Rover says it is possible that it can take place with the vessel in bond. Hence the advice to discuss with local customs as they will be responsible for registering TA under the new ownership.
 
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