Spanish Regulations for British flagged Charter Boats?

alant

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Could anyone please point me in the direction of an English version of any specific regs.
Seem to remember a thread on these some time back, but unable to locate.
 
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Hope this helps, not my words but sent to me by a company that specialise in sorting Spanish paperwork of all types.

In order to obtain a legal Spanish Charter License, the vessel must be owned and registered in the EU and the following steps are necessary:-


1. Obtain Permit from the Balearic Government's Department of Transport
Documents necessary:-
a. The original or a notarized copy of the yacht's registration document.
N.B. Full British Part I (must state that the type of vessel is for commercial use and not pleasure) or EU equivalent is necessary.(SSR or Yacht Club registry is not sufficient).
b. Either the owner or the charter management company have to be tax registered in Spain.
If the owner is a company or a private individual, based say in the UK, we would obtain a non-resident tax number (N.I.E.) and consequently register that person or company for tax and VAT. That person or company will then have to present a quarterly tax and VAT returns relating to their turnover in Spain and the Charter License would be obtained in their name. Any charter management company would then invoice their commissions or costs to the owning company.
If the owner is a company, we would need the company’s Memorandum and Articles of Association where it must be stated that the company can be used for yacht charter. Two notarized documents in order to apply for and obtain a Spanish Tax number. (These are the documents that when notarized, the actual notary has to obtain the Hague Apostille stamp on those documents in order for them to be accepted outside the UK – we can issue you with copies of the actual text and also give you the details of a Spanish Notary working in the U.K).
As an alternative, the owner could lease the vessel to a Spanish base charter management company. That company would be tax registered in Spain and the charter license would be in the Spanish Company’s name. There would be a management agreement between the management company and the owner for a percentage of the income or gross profit and the management company would transfer the agreed amount to the owner. In this case the owner would not have to be tax registered in Spain and therefore would not have to obtain a tax number or present tax and VAT returns.


c. Leasing agreement between owner and Charter Management Company. (if applicable)

d. Original current insurance certificate covering Spanish Compulsory Third Party Royal Decree 607/1999 of the 6th April, and includes a permission to charter clause and personal accident certificate stating the maximum number of passengers covered. (to correspond with the number of passengers allowed for on the Commercial Seaworthiness Certificate.) . We would suggest that you contact Mr. Tim Light at Seipple and Light for further clarification regarding skipper charter certificate. His contact number in Spain is 00 34 971 405041. If the vessel is to be skipper chartered, the skipper will need to have his skipper license certified by the Vice-Consul at the British Consulate. He will need to show his original license along with the original registration certificate and letter from the owner of the vessel stating that that particular skipper will be the skipper on board (name of vessel) and state for the period of time.
e. A notarized legal copy of the ID or passport of the person involved, or, in the case of a company (Spanish or non-Spanish) a copy of the articles of association which specifically state that the activities of the company include yacht charter and to show proof of the person who is authorized to sign on behalf of the company in Spain.
f. Matriculation Tax: For vessels 15mts and over in length, an exemption document or for those under 15mts in length, the official form showing payment of Matriculation Tax (12% of the current value of the vessel.)
g. Official form showing payment of Government Stamp Duty. The charges for this depend upon the length of the yacht, and will cost between 35 to 105,00 Euros.
h. As from the 1st October 2003 the Spanish Maritime Authorities are requesting that all vessels are to obtain a Certificate of Inspection, which is carried out by a qualified Spanish Inspector. This is a new regulation and complies to EU legislation according the SOLAS and MARPOL laws for prevention of contamination. The vessel will be inspected both in the water and out of the water.
The company we are using TUV International.They will then issue you with their report, which I must state this will not be an annual inspection, the report will be valid for 2-3 years.
2. Obtaining a Commercial Seaworthiness Certificate:

This has to be obtained from the Government Department of Transport authorities of the country where the vessel is registered. e.g. Small Commercial Vessel Certificate (SCVC) from the MCA in the case of a British registered yacht.
A legal translation in to Spanish has to be prepared of this document.

3. Charter License

The documents received from stages 1 and 2 are presented to the local Marine Authorities in order to apply for the final Charter License.. The Charter License is usually valid for the same period as the Seaworthiness Certificate.
 

Steve Clayton

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I've located a Naval Consultancy firm (Consultores Navales) who are dong most of the admin activity for me.

Your point f is worthy of comment:

f. Matriculation Tax: For vessels 15mts and over in length, an exemption document or for those under 15mts in length, the official form showing payment of Matriculation Tax (12% of the current value of the vessel.)

Some UK people believe that if you keep your boat in Spain in excess of 183 days then you are liable for the tax as referred to above. (Someone raised this re what we were doing in YM readers letters last July but he didn't know what he was talking about!)

If your boat is under 15mts then this tax does not apply.

I'm 14.1mtrs /forums/images/graemlins/grin.gif

www.seraph-apartments.com
 
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You are obviously right Steve, as I say not my words, in their defence I think the paragraph was just very badly worded and should read as below:

f. Matriculation Tax: For vessels 15mts and over in length, an exemption document or the official form showing payment of Matriculation Tax (12% of the current value of the vessel.)
 
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