Spain - Customs - Help!

Thanks /forums/images/graemlins/smile.gif Very interesting and not inconsistent with my own guess (note: guess, not fact!) that the timescales are nothing more than a yardstick to help to identify those who have become de facto resident without declaring themselves to the Ayuntamiento or the guadia fiscal. The trouble with yardsticks is that junior officials tend to assume that they are actually the LAW and act accordingly. To argue against that, if we are challenged, we really need to know which laws or rules pertain. Thanks again.
 
BTW, we are leaving the boat in early March for a few weeks so might not have internet - please don't take 'no respose' from me as lack of interest.
 
Just been to the customs here in Galicia.Under the law you can stay inSpain for sxi months in any twelve,over that you wlii be considered aResident.As the official pointed out they cannot keep check on everybody so you can spend a month here and thereetc but obviuosly if you moor up in amarina they will eventually come to see you after six months.After six months you have to go.As an individual you can come and go as you plesae.From their point of view a boat is like a car and if you want to use it in Spain for more than six months you have to have a Spanish registration plate.This is the same all over europe.
 
Thanks for that, which matches precisely the input I got today from a knowledgeable person here in Almerimar; the same thing happened at Aguadulce as is happening at Malaga and this chap was present at the time, and got involved, so the following information is from him.....

He said:-

Provided that a boat is not owned by a Spanish Resident then it can remain in Spanish waters for an unlimited time without becoming liable for taxation or re-registration.

Vessels owned by Spanish residents, in Spanish waters, are required to fly the Spanish flag.

When an EU resident comes to Spain to live, and registers with the authorities, they have the opportunity to declare the goods that they are bringing with them. This can include their boat. Normally no tax is payable (unless IVA aka VAT is due), and having declared and registered it they can continue to keep their boat under the British flag for as long as they own it.

However, if they have not declared their boat on arrival then a tax of 7% is payable if they subsequently bring it in. Perhaps it is still possible to declare the boat retrospectively – after all, there was no intent to evade tax as no tax was payable and this was simply a formality that was not understood before.

If they pay the 7% tax they will also be required to re-flag the boat; this requires a survey and any work required to meet Spanish regulations (e.g. holding tank, gas regulations, etc.). They will also need to pass the Spanish competence tests which are said to be difficult for non-speakers of Spanish, especially to the certificate level which most yachtsmen would require.

Anyone staying in Spain for longer than 180 days in any year (i.e. the total number of days equals greater than 180, they do not have to be consecutive days) then they will be considered as residents (at least as far the fiscal authorities are concerned).

I have today spoken to Grehan, who has now been assessed for 7% of the price they paid for the boat. My informant suggests that if they pay this then they will almost certainly be forced to re-register the boat very soon. This is not recommended. He confirmed the figure of 7% (not 12% as published in another recent report – I do not know why there is a discrepancy). He recommends that they explain that they cannot afford to pay this and ask the authorities whether this tax would still be payable if they sell the boat immediately. If this is agreed, then they could sell the boat to a British Limited company (off the shelf?) or a trusted member of the family. Once no longer owned by a Spanish resident, there should be no problem.

Query:- What are the wider implications of registering (Part 1 or SSR) in the name of a company (maybe a close company)? Does this really protect you? I have not had any legal input on this. Selling it to another Brit should not be a problem, presumably?

Note:- None of this is legal advice and I have not received any of it from legally qualified people, so please be careful.
 
[ QUOTE ]
Query:- What are the wider implications of registering (Part 1 or SSR) in the name of a company (maybe a close company)?

[/ QUOTE ]
I think you will find that if a boat is company owned then it MUST go on Part 1.

BTW: I have emailed my Spanish Gestora who took us through the "yes, you can charter your British flagged yacht here in Spain" process and requested information relating to G5 tax. I'll post once I have the reply.

www.seraph-sailing.com
 
No thats not how I see it The customs told me the boat or car can remain inSpain for only six months in any twelve.As they cannot control yacht movements if you move about probably no problem but if the boat stays in one place for six months it has to be imported or go.
 
[ QUOTE ]
if the boat stays in one place (in Spain) for six months it has to be imported or go.

[/ QUOTE ]
Not in our case - and we've been in Spain for 20 months now and the Authorities know we are here - just goes to show the variances that can occur depending on where you are.(and what you are doing?)
 
[ QUOTE ]
Not in our case - and we've been in Spain for 20 months now and the Authorities know we are here - just goes to show the variances that can occur depending on where you are.(and what you are doing?)

[/ QUOTE ]Did you declare the yacht when you first contacted the authorities? My informant was quite certain that if you do so then you are permitted to continue to fly the British flag and the tax will not be payable even if you have become a Spanish resident. Note, my informant was talking about the 7% tax, not a wealth or other capital tax, which is perhaps a different matter? Sadly he did not cite the actual laws or regulation so we don't know for sure what he was referring to!

Note:- None of anything I post on this subject is legal advice or necessarily correct so please be careful.
 
Oh my God, this is soooo confusing. We are hoping to buy a boat that is owned by a Swiss man who has it registered under a company in Guernsey. The boat has been owned by the same persone since it was built and has been here in Ibiza for 15 years with no problems with tax. We have our solicitor trying to find out what our tax situation will be, but all these posts about if you are resident or not resident making difference makes my HEAD HURT!!! We wouldn't mind paying import tax here in Ibiza if we were staying in the med, but we intend to leave at the latest August 2007, and do not intend to return. I will let you know how we get on when we get some info from our solicitor, but as with all things in Spain it is taking time. Patience - whats that all this waiting for the phone to ring is DRIVING ME MAD AGGGHHHHH!!! /forums/images/graemlins/mad.gif
 
The first thing you need is a nice new folder,on of those with elstic across the corners,everybody in spain has several,in it yuo keep all the papers.Secondly don t get confused,writing things down and dont buy the boat till you are 101% sure its ok. get everything down in WRITING !!!!
 
I'm following this with interest.

My parents have a temporary residence in Spain, and are discussing purchasing a boat to keep near by...... I am quite obviously encouraging this sensible behaviour, but am interested in what the tax position will be.... especially as one of the options is a UK purchase and then I'll take it out for them...
 
We have every paper we have ever needed here in Spain safely tucked away. Obviously we won't buy the boat if our solicitor advises us against it, although we hope this will not happen /forums/images/graemlins/smile.gif
 
NAS.Your parents need to define their status.What is a temporary residence? Before you buy or they buy a boat chek out your legal situation,if they want a boat and are residents they will need spanish qualifications.I have been toldthis in galicia,but spain is different so check outthe situation first.
 
Mogy,

I was clear on the qualification bit.... he's a Yachtmaster Open Ocean and retired with lots of time on his hands, so would probably quite enjoy doing the Spanish qualification....

They however intend to retain British residency, with visits to Spain limited to 2 months max at a time..... but the boat would probably stay in Spain 12 months of the year...

Its more the registration and tax angles that I don't yet have my head around..... and by the sound of it, there's a great deal left to be understood by most if not all others!

A further complication is their house is in Catalonia, so probably an 'apply laws in anyway, but only anything that is different to the rest of Spain' approach!
 
There is no problem,go to the customes offices,its all there in their books,european law.I was told yesterday the boat can remain 6 months in Spain after that its on yer bike or transfer to Spanish Flag which would entail matriclation which is 12% value on a boat over 7.5 mtres.Plus inspection and classification ans a whole wad of paper!!!!.Check it out yourselves.If I get a boat it will be under 7.5 metres for which I havw the qualifications to sail it...... and the money to keepit!!!!!
 
The imprssion I have is that boats are expensive in Spain,but if your buying with uk punds mybe more attractive.Personally I am considering buying a boat in the uk as there is more choiceand cheaper in my range ie upto 7.5 LOA.
 
Tax implications of boating in Spain

Somebody mentioned leaving the boat ownership with a UK resident, and then it could be used by a member of the family who actually was a Spanish resident. Technically the boat can only be used by the owner. If the Guardia were to stop and check on paperwork and the owner was not on board, they could regard the boat as being out on charter illegally and 'arrest ' it. Spanish residents like citizens are forbidden to drive non Spanish cars, and to have charge of non Spanish flagged boats. If the boat is coded for charter in Spain . ...no problem. But to code a boat is not cheap. All taxes have to be paid (matrx and IVA ). I am Mallorca based and live in a Marina. Different Guardia officers have different interpretations and i know people who have kept boats and ( UK reg ) for years with nothing being paid. They keep a low profile and don't give anybody any reason to feel the need to question them. The matriculation tax is the most annoying since it seems to go against EU tax law.
 
You must log in or register to reply here.

Share this page

Top