Thread on Chartering in Spain

[Mr Proach]

i seem to recall seeing a thread that was about the legal position on offering a UK registered vessel for charter in Spain, i can't find it despite many, many searches. can anyone point me in the direction of either the original thread or a website with sound, up to date advice on this subject?

 

[Hurricane]

I don't know of a specific thread about it but, essentially AFAIK, these are the rules.
The Spanish consider any charter in their waters as a Spanish business transaction.
To charter your boat in Spain (legally), it needs to have a license.
At the moment you can only get a license on a Spanish registered boat.
So that immediately means that you can't charter your boat in Spain.
The problems don't stop there, of course - to transfer your boat to the Spanish register, she would have to have all the necessary taxes paid (matriculation at 12% etc)
Then, once a Spanish boat, she can only be skippered by a Spanish qualified skipper.
There are loads more other reasons.
The big one though - from your question - you just can't do it with a UK boat.

However, there has been some recent discussions and a possible change of direction by the Spanish authorities.
So, maybe in the future it could be done.

Thats how I see the issue.

 

[Mr Proach]

Thanks for the reply. Are these recent regulations? There are UK flagged vessels in Spainish waters under charter, which I accept may be grandfather rights but there are also surveyors working here in Spain doing MCA codings for charter?

 

[Hurricane]

Thanks for the reply. Are these recent regulations? There are UK flagged vessels in Spainish waters under charter, which I accept may be grandfather rights but there are also surveyors working here in Spain doing MCA codings for charter?

AFAIK these regs have always been the case but about 4 years ago, the Spanish authorities singled out UK flagged charter boats and hi them hard.
As I said above, there is talk of them relaxing this and letting the charters happen on UK flagged vessels.

Cant answer why you have seen UK flagged vessels chartering - certainly not grandfather rights.
And I don't know of and MCA coding done in Spain - maybe it is just that - MCA coding to a commercial vessel.
Remember - just because someone is doing it, doesn't mean it is OK.

But UK boats chartering are (in the past) taking a big risk.
Private registered craft seem exempt but, I believe there is a structure to have a go at them as well.

 

[Mr Proach]

thanks again, your advice is very much appreciated

 

[jfm]

Hurricane I believe you can now be licensed for charter in Spanish waters with a UK flagged boat and without paying Mat tax. This boat http://www.oceanindependence.com/luxury-yacht-charter/yacht/samakanda-ii belongs to a good friend of mine here in London. It has been in Mallorca since new delivery last year, is UK flagged, is licensed to charter in Balearics, and does so regularly. It is run by a very competent pro skipper. So far, no problems with the authorities

 

[Hurricane]

Hurricane I believe you can now be licensed for charter in Spanish waters with a UK flagged boat and without paying Mat tax. This boat http://www.oceanindependence.com/luxury-yacht-charter/yacht/samakanda-ii belongs to a good friend of mine here in London. It has been in Mallorca since new delivery last year, is UK flagged, is licensed to charter in Balearics, and does so regularly. It is run by a very competent pro skipper. So far, no problems with the authorities

Great
I was hoping that an example came up.
There was a lot of talk of it about 9 months ago.
Without creating a problem for that boat, I wonder where the official recognition is?
If the Spanish authorities have changed their minds, which is what they said they were going to do, you would have thought there would have been more in the press.
Menorca still looked a little depressed last month - remember it was thriving before the authorities hit 4 years ago.

 

[Mr Proach]

Again, without wanting to put names on here, there are several UK flagged vessels being offered for charter here in Denia, both sail and motor. These charters are advertised openly and so they clearly have no issues with registery. The situation is confusing to say the least. I have a trip to the local Marine office coming up!

 

[pan]

There are a number of British registered boats chartering in the Balearics, I understand they are legal & registered with the authorities, so as long as you comply with the local regulations & taxes, it seems there is no problem.

 

[Asm]

i seem to recall seeing a thread that was about the legal position on offering a UK registered vessel for charter in Spain, i can't find it despite many, many searches. can anyone point me in the direction of either the original thread or a website with sound, up to date advice on this subject?

I think you will find that the vessel has to be owned at "arms length" - not privately owned. Plus the "owner" cannot use the vessel. The "owners" use is hidden by him/her chartering (and paying)