ISDMT #2 - Is this correct?

[Grehan]

deCastro lawyers

FYI I prompted Jaime to contribute - his sister, also a lawyer, makes a lot of excellent contributions to a Spanish Property website I know well. Their practice is in Algeciras. I did give him the links to both ISDMT threads, view all (i.e not in 'pages'). Whether he has had the stamina to read everything I don't know. I wouldn't have!
I'm very pleased he has taken the time to contribute, maybe he'll post some more. We can all be very grateful for this free advice from a Spanish maritime lawyer - but proper, serious, guidance also carries a proper price tag.

 

[Anonymous]

Re: deCastro lawyers

[ QUOTE ]
We can all be very grateful for this free advice from a Spanish maritime lawyer - but proper, serious, guidance also carries a proper price tag.

[/ QUOTE ]Jim, I have to disagree. Legal advice is useless unless it is correct. We are talking about serious legal issues and huge (for me, anyway) financial consequences. I have already paid a "proper price tag" for "proper, serious guidance" and that differs very significantly from the "free advice" in Jaime's post. Wrong advice is bad advice, even if you didn't pay for it.

I'll give Jaime a day or so to see if he will come back to this thread, otherwise I'll contact him by email at his office to sort this out. I am perfectly prepared to pay for legal advice though I wonder if I am the only yachtsman who is prepared to pay out of his own pocket.

 

[Grehan]

Re: deCastro lawyers

[ QUOTE ]
Legal advice is useless unless it is correct.

[/ QUOTE ]Agreed. Correct advice can be worth paying for! BTW I hold no particular brief for Jaime - two other law firms I contacted, maybe to prompt contributions (= second/other opinions) seem not to have taken the bait.

 

[Jaime_de_Castro]

Re: deCastro lawyers

Gentelmen,

I could not imagine that my opinion was going to generate such a debate.

Please note the legal grounds for my opinion are the articles 65 to 70 of the Ley de Impuestos Especiales.

Referred to pleasure crafts, the applicable Law is: articles 65.1. b) and d) para. 2.... The most important element for Tax Authirities to decide if IESDMT has to be paid is the application for the registering of a pleasure boat or, if not, whether it can be considered that the intersted person is "residente en España o titular de un establecimiento situado en España" (resident in Spain or holder/owner of a permanent place of business).

The problem is, as I have posted in my previous contribution, that Hacienda is focusing now the de facto residents and therefore acting against them via affixing precintos to their boats.

Some Ports (eg. Puerto Sotogrande) are even recommending the Owners of foreign flagged vessels ( residents or not) to calibrate the possibility of paying this tax voluntarily in order to benefit of the posssible reductions and to avoid fines that can go up to 75% of the value of the asset.

Best regards

 

[Anonymous]

Re: deCastro lawyers

Jaime,

Many thanks for that. Would you mind if I email you the letters (Word format) that I received from Del Prado about this matter, to your email address? If so, it the address for you on your website the one to use?

 

[Jaime_de_Castro]

Re: deCastro lawyers

Yes. Go ahead.

 

[Jaime_de_Castro]

Re: deCastro lawyers

I mean I do not mind - in fact will be pleased - to check Del Prado's opinion for you.

 

[Anonymous]

Re: deCastro lawyers

That's kind of you. I'll attach them to an email shortly.

 

[Anonymous]

Re: deCastro lawyers

Jaime, I am sending it shortly to j.decastro@decastro.es but there seem to be two people with similar names and different photographs with that email address, on your website.

 

[Anonymous]

Re: deCastro lawyers

Jaime, Could you please confirm that you received my email with attached Word files? I'm not chasing you but I sent it on Tuesday evening and haven't had an acknowledgement.

 

[Jaime_de_Castro]

Re: deCastro lawyers

Email received in due course. I will answer you as soon as possible as I am currently out of the office.

 

[Anonymous]

Re: deCastro lawyers

[ QUOTE ]
Email received in due course. I will answer you as soon as possible as I am currently out of the office.

[/ QUOTE ]Many thanks, no hurry. I just wanted to be sure that it had arrived. I shall be away from Sunday to Thursday and might not have Internet, it is possible but not certain.

 

[BlueSkyNick]

Re: deCastro lawyers

Just in case you havent seen this before. Been posted in a new thread started in The Lounge.

http://www.hotribs.com/02articles/052-boats-in-spain/boat-tax-in-spain.asp

 

[Anonymous]

Re: deCastro lawyers

Yes, very historical and does not address the more recent legal advice.

 

[Grehan]

RIB ISDMT

Interesting that it's appeared in a RIB website - can't be too many RIB liveaboards!
[I jest, I know ISDMT could apply to RIBs]

No-one has yet addressed the concept (minefield?) of not actually owning the boat in question . . .

 

[Anonymous]

Re: RIB ISDMT

We've not heard anything from Jaime. He might be able to answer your question. It is a perfectly good question, of course, you might have the boat in the name of a company, relative or friend.

 

[Grehan]

Re: RIB ISDMT

I've issued an "Invitation to Contribute" to Senor Chumillas. We'll see.

 

[Anonymous]

Re: RIB ISDMT

[ QUOTE ]
I've issued an "Invitation to Contribute" to Senor Chumillas. We'll see.

[/ QUOTE ]Who's he?

 

[Grehan]

Re: RIB ISDMT

Spanish lawyer/accountant geezer wot rit that RIB articule. He has now emailed me back and I expect a YBW contrib soonish.

 

[Anonymous]

Re: RIB ISDMT

Well done! Meanwhile, until a lawyer has read the information from my lawyers, and proved otherwise, folk would be best advised to assume the worst -- i.e. the rules apply to the vessel and have nothing to do with the residency of the owner and apply after 30 days. Sounds utterly absurd, but then knocking down houses that were built after obtaining planning permission from the council, seems equally absurd.