ISDMT #2 - Is this correct?

[alexchumillas]

My name is Alex Chumillas. I am tax expert and connected with the marine industry in Spain since year 2000.

The two relevant laws to be considered in this issue are:
Ley Impuesto de la Renta 35/2006
Ley Impuestos especiales 38/1992 (IEDMT - Impuesto Especial sobre Determinados Medios de Transporte)

These laws establish the concept of tax residency and when a vehicle (boat) can be tax in Spain.

The conclussion is easy:

A non resident can keep his boat in Spain, as much as he wants, if he doesn't become tax resident in Spain. A foreigner becomes tax resident in Spain by spending more than 183 days in the Spanish territory during one year.

So, if that person doesn't become tax resident there is no problem at all, and never would be tax at 12%. Even becoming tax resident in Spain there are ways to avoid the payment of the tax.

alex@barcelonataxlaw.es

 

[Grehan]

[ QUOTE ]
Even becoming tax resident in Spain there are ways to avoid the payment of the tax.

[/ QUOTE ]
Thank you for your reply, Alex

¿And these ways are . . . ? /forums/images/graemlins/tongue.gif

¿What is the situation if the boat is owned separately (outside Spain) from the people actually on board?

 

[Anonymous]

Thank you, Alex. I paid for legal advice from a firm of Spanish lawyers and they were adamant that non-residents must also pay. I have their opinion in about five Word files. May I have your permission to send these to you, presumably to the address you have posted?

Please also note the issue of re-registering the yacht once IESDMT is 'enforced'.