Spanish Residency - Registration & Matriculation Tax

[Phil_A]

Hi everyone,
I am a UK resident and citizen and own a boat which is permanently berthed on the French inland waterways and is SSR registered . I am potentially going to become a resident in Spain later this year.

I am aware of the requirement for a Spanish resident to register a boat brought into Spanish waters and pay matriculation tax.

I am also aware of the dispensation from matricualtion tax for new Spanish residents who bring their boat with them to Spain provided they register it in Spain within 30 days of becoming a Spanish resident (and meet certain other criteria of ownership.)
Nowhere can I find information about what action is necessary when becoming a Spanish resident whilst already owning a boat in another EU country and not moving the boat to Spain.

I think I probably can guess the answer but would be grateful if anyone "in the know" could give definitive answer to my question:


Would I be best advised to Part 1 Register the boat in the UK or do I need to register the boat that I own in France with the Spanish authorities if I become resident in Spain?

Thanks for your help.

 

[kashurst]

if you are going to be resident in Spain, then usually you have to register the boat on the Spanish registry and get a Spanish skippers licence by doing the relevant exams. However a lot of UK people who live in Spain register their boat on the Dutch boat registery instead. Then they can stay in Spain 365 days a year so can the boat and you only need an ICC.

 

[Sea Devil]

if you are going to be resident in Spain, then usually you have to register the boat on the Spanish registry and get a Spanish skippers licence by doing the relevant exams. However a lot of UK people who live in Spain register their boat on the Dutch boat registery instead. Then they can stay in Spain 365 days a year so can the boat and you only need an ICC.

My experience was that when I got my NIE (Spanish resident card without which you cannot buy a propety or indeed other major items) within the 30 days I imported the boat, avoiding matriculation tax, but kept her UK flagged... If you do not have a UK address then the only way you can keep a boat in foreign waters is with Part 1 registry.

Over the years I have been boarded and paperwork examined several times by the Guardia Civil and given the all clear. The second time I was given a paper to show subsequent GC visits stating all my paperwork was in order.. Which shortened subsequent inspections.

Be aware Matriculation Tax is a purely Spanish tax. Nothing to do with the EU... They add the 12% tax on all non spanish items coming into the country... Boats, cars, planes, electronics, fridges etc. It is a way of hanging onto import duty by calling it something else.. Tax free Gibraltar has a 12% import tax instead of VAT!

If you go down the route of bringing your boat into Spain and registering her as a Spanish flagged vessel then you will pay the 12% matriculation tax on her current value (there is a book of tax value for everything of every age) and possibly VAT if its after Brexit but I am not 100% certain on the VAT,, BUT you will then have to take the various Spanish navigation exams which limit the distance offshore you can take the vessel. The practical is easy with lots of Spanish sail school course but the written is all in Spanish and unless you are fluent a very major problem. Added to which you must then keep the boat equipped to Spanish maritime standards..

Avoid re.flagging the boat.

 

[Sea Devil]

I have a feeling the question is: do you need to tell the Spanish you keep a UK registered boat that is in France. if you become a Spanish resident?
Answer: Probably not unless you bring the boat into Spanish waters and you are truly a resident of Spain at which point if you are boarded by the Guardia you will be in a load of VAT Matriculation tax problems...

To do part one registry you have to have the boat measured by a licence mesurer. Park the boat near a low cost airport and fly them in and out in one day.. measuring takes about an hour and the boat stays in the water..

 

[nortada]

Loads on this subject on Liveaboard Link so you may well ting your answered i there.

 

[capnsensible]

if you are going to be resident in Spain, then usually you have to register the boat on the Spanish registry and get a Spanish skippers licence by doing the relevant exams. However a lot of UK people who live in Spain register their boat on the Dutch boat registery instead. Then they can stay in Spain 365 days a year so can the boat and you only need an ICC.

Hiya. Im a Spanish Resident (Canaries). I moved here with two yachts. I imported them both (very favourable valuation). They stayed British Registered and there was no requirement to take a Spanish Skippers ticket.

Im sat in one now writing this!

 

[steveallan]

Hiya. Im a Spanish Resident (Canaries). I moved here with two yachts. I imported them both (very favourable valuation). They stayed British Registered and there was no requirement to take a Spanish Skippers ticket.

Im sat in one now writing this!

Hi I am in the process of obtaining Spanish residency do you have any info on importing a boat?

 

[kashurst]

Hiya. Im a Spanish Resident (Canaries). I moved here with two yachts. I imported them both (very favourable valuation). They stayed British Registered and there was no requirement to take a Spanish Skippers ticket.

Im sat in one now writing this!

Thanks for that - really interesting. I was told by the Harbour master the local yacht sailing school and several yacht brokers on the mainland, that if you are resident you have to have a Spanish ticket etc. I know a couple of people who had been staying illegally in Spain for about 5 years and got found out - they were fined and were then allowed to stay once they had got residency but they then had to do Spanish ticket exams etc.

 

[Sea Devil]

Thanks for that - really interesting. I was told by the Harbour master the local yacht sailing school and several yacht brokers on the mainland, that if you are resident you have to have a Spanish ticket etc. I know a couple of people who had been staying illegally in Spain for about 5 years and got found out - they were fined and were then allowed to stay once they had got residency but they then had to do Spanish ticket exams etc.

I imported my boat during the 28 days of receiving residency and paid no import duty or matriculation tax. I kept her registered part 1 and sailed under UK flag. No Spanish captains certificate. I was a legal resident and on 3 occasions the Guardia Civil Maritime inspected my boat and papers and gave me documents saying all was legal. So Capnsensible is as always correct and the HM and Brokers are wrong... if it helps depending on the value of your boat this is the Spanish nautical lawyer I used -
Website: www.taxmarine.com
Email: alex@taxmarine.com

 

[Hurricane]

Thanks for that - really interesting. I was told by the Harbour master the local yacht sailing school and several yacht brokers on the mainland, that if you are resident you have to have a Spanish ticket etc. I know a couple of people who had been staying illegally in Spain for about 5 years and got found out - they were fined and were then allowed to stay once they had got residency but they then had to do Spanish ticket exams etc.

Thats how I understood it as well.
IIRC (from a long time ago) I also believe that a Spanish resident isn't allowed to drive a British registered boat.
But I have never heard of anyone being caught or prosecuted for doing it.

 

[capnsensible]

Hi I am in the process of obtaining Spanish residency do you have any info on importing a boat?

I used an agent who specialises in importing. I steered clear of the details! I see your address is Ayamonte. If you are in the marina there, you could look out for the RYA school go n sail. They will know and maybe able to advise. It's run by a couple and the chap there is fluent in Spanish.

Hope this helps!

 

[capnsensible]

Thats how I understood it as well.
IIRC (from a long time ago) I also believe that a Spanish resident isn't allowed to drive a British registered boat.
But I have never heard of anyone being caught or prosecuted for doing it.

I kept my boats uk flagged and my RYA qualifications were accepted with no problem. Including for commercial use. However Brexit has just stuck a big spoke in that.

They are a good source, however as the situation develops.

 

[Clancy Moped]

I kept my boats uk flagged and my RYA qualifications were accepted with no problem. Including for commercial use. However Brexit has just stuck a big spoke in that.

They are a good source, however as the situation develops.

Correct me if im wrong, but the Spanish will accept a Yacht Masters ticket, but nothing below, ICC etc?

 

[Bouba]

It’s been my understanding that when the law is vague it’s up to the arresting officer to interpret it as they see fit. For example, drinking while camped out in a motor home or some of the lockdown rules.

 

[capnsensible]

Correct me if im wrong, but the Spanish will accept a Yacht Masters ticket, but nothing below, ICC etc?

Pre Brexit, I can only really offer anecdotal stuff from the peninsular, but quite a few people I personally know kept boats in Spain. Some for many years. The ICC was always accepted. The marinas were always more interested in insurance!

 

[st599]

if you are going to be resident in Spain, then usually you have to register the boat on the Spanish registry and get a Spanish skippers licence by doing the relevant exams. However a lot of UK people who live in Spain register their boat on the Dutch boat registery instead. Then they can stay in Spain 365 days a year so can the boat and you only need an ICC.

Correct me if im wrong, but the Spanish will accept a Yacht Masters ticket, but nothing below, ICC etc?

Spain is not a signatory to either of the UN resolutions that implement the ICC. So they may informally recognise it, but aren't legally obliged to. (Nor are Portugal or Greece)

On the YM, the RYA states on it's Brexit page that it has never been formally internationally recognised. It is recognised by the UK government for use on British-flagged yachts. It is up to other flag-states to decide whether they recognise it for use on yachts with their flag or not, or if they continue to recognise it.

 

[capnsensible]

Some more. Royal Decee 875/2014 provides answers.

'For its part, the fifth additional provision establishes that every person who governs a vessel of recreation of foreign flag that.....sails in Spanish waters.......must be in possession of a title. In the event that that the nationality of the pattern (patron I think) matches the flag of the boat, it will be the one required by the countries legislation.'

I have shortened it. But basically, foreign quals are accepted.

For those seriously interested, the bulletin 'Brexit: Impact on procedures relating to pleasure boats '

N/REF/SBG/JBL/2020.

Enjoy.....

 

[capnsensible]

From that bulletin. From 21 January, British citizens will no longer to be able to rule Spanish flagged boats.

 

[RupertW]

Some more. Royal Decee 875/2014 provides answers.

'For its part, the fifth additional provision establishes that every person who governs a vessel of recreation of foreign flag that.....sails in Spanish waters.......must be in possession of a title. In the event that that the nationality of the pattern (patron I think) matches the flag of the boat, it will be the one required by the countries legislation.'

I have shortened it. But basically, foreign quals are accepted.

For those seriously interested, the bulletin 'Brexit: Impact on procedures relating to pleasure boats '

N/REF/SBG/JBL/2020.

Enjoy.....

That’s an interesting one. So we are dual UK/EU citizens with an SSR registered boat with EU VAT status and RYA quals. UK for running the boat then but EU for staying as long as we like. If they allow that. How simple things once were.

 

[Alicatt]

That’s an interesting one. So we are dual UK/EU citizens with an SSR registered boat with EU VAT status and RYA quals. UK for running the boat then but EU for staying as long as we like. If they allow that. How simple things once were.

Can you define what you mean by EU citizen?
I'm at the moment going for my residency in Belgium, since Brexit it has become a mine field as the new ID cards, called "M" cards, have not been adopted by royal decree into the listing of valid means of evidence of staying in Belgium in regards to getting citizenship it has put us ex-pats in a bit of a quandary about how to move forward to get citizenship as the gemeente are asking for Brits to hand in their old residency cards for the new M card.
It was a bit of a shock to all of us last week when an immigration lawyer spelled out what the new rules mean for Brits in Belgium.
Anyway, I'm looking into training for my offshore skipper ticket of which I have found a place that does RYA courses in Belgium.