Boat Ownership - Spain

[boatman61]

An RYA course and qualification would be adequate for what you want, they are recognised internationally.
One can also present it as evidence to support an application for the local equivalent.

[QuantumRelief]

Thanks Boatman61, but from what I read, post-Brexit only UK visitors under the 90/180 rule can use a RYA/ICC for visiting, not for staying in Spain.

Does anyone have any experience of actually converting a RYA Day Skipper/ICC to a Spanish PER?

My difficulty is that I don't speak Spanish, so can't sit the Spanish PER exams BUT I am a permanent Spanish Resident...

Any comments/ideas from Spanish Resident, post-Brexit Brits, would be very helpful.

[boatman61]

Well I live in Portugal as a permanent resident and for non commercial purposes (own private yacht) my RYA has never been a problem.
As for Spanish commercial purposes I had a lawyer arrange for my RYA qualifications to get the Liberta De Inscription Maritima.. basically the Spanish Seaman's Blue Book that allows me to operate commercial vessels in Spanish waters and work in any marina in Spain.
The same would apply in Portugal if I were bothered to go for it.

[boatman61]

But... having said the above, it strikes me that Spain has been somewhat harsh with Brit expats on land since we finally left the EU so maybe not as simple today on the water.
Maybe chat with your local Harbour master and a lawyer as to your options.

[Princewig]

Originally Posted by boatman61

Contact the link I posted, seems they handle insurance as well.. costs nothing to ask.

Registration (Matriculación) under the Spanish flag is required for boats spending over 182 days a year in Spanish waters.

https://www.angloinfo.com › spain

[Princewig]

This was random that we found your post, have been working on the lucrative visa to run charter out of southern Spain
When you set up a business lucrative visa or you have window to register card furniture personal belongings motor bikes etc and zero VAT or import fees
From another thread be below
The short answer is yes as the EU has a transfer of residence exemption in its VAT rules. However it also has a local tax or assets for incoming residents, but this can be avoided if the boat is declared on your application for residence. best to instruct a local gestor to deal with such things for you.
Private pleasure boats are specifically included in chattels that qualify for transfer of residence relief, subject to certain conditions such as they must be owned before applying , used only by the individual and not sold for a period after importation. guidance for the UK is here https://www.gov.uk/guidance/transfer-of-residence-to-great-britain#transfer-of-residence-

I believe this is a cut and paste from the EU rules as there was no intention to change it after Brexit, but clearly important to check with Spanish customs about how they apply the rules.

https://www.gov.uk/guidance/transfer-of-residence-to-great-britain#transfer-of-residence-

[Greg K]

Originally Posted by Princewig

Registration (Matriculación) under the Spanish flag is required for boats spending over 182 days a year in Spanish waters.

https://www.angloinfo.com › spain

To the best of my knowledge, I believe the information you have provided from angloinfo.com is incorrect.

First, the requirement for matriculation tax as applied to private pleasure yachts in Spain only applies to residents of Spain. Non residents of Spain keeping their boat permanently in Spain are not subject to matriculation tax though the usual VAT rules apply.

Secondly, foreign residents of Spain who keep a foreign flagged private yacht in Spain are subject to matriculation tax, but may keep their foreign flag and can freely operate the yacht in Spanish waters with operator qualifications required by the nation under whose flag the boat is registered.

Lastly, private yachts 8 meters or under in length are exempt from matriculation tax.

In regards to safety equipment on board, any yacht in Spanish waters owned by a resident of Spain, regardless of flag or nationality of operator, is subject to the Spanish safety regulation as of a couple years ago.

Of course, I may be wrong, but this is the info I received from a Spanish maritime lawyer a few years back. Things might have changed since then.

[cargar12]

That claim of some 182-day rule requiring Spanish registration can not be correct— I just got back from there and plenty of even local residents whose boats are always in Spain have foreign registrations.

[kaz911]

Originally Posted by cargar12

That claim of some 182-day rule requiring Spanish registration can not be correct— I just got back from there and plenty of even local residents whose boats are always in Spain have foreign registrations.

Spain has "selective" enforcement of rules

But it is important to differentiate between the Yacht - and the Person/Owner.

EU VAT paid Yachts can stay as long as they want in Spanish Waters. IF the owner (not the yacht) lives more than 182 days per year in Spain - you need to pay matriculation tax. (There are more rules that can make you implied Spanish residents so watch out for that)

IF you are from EU and move to Spain - you can move your boat to Spain without paying matriculation tax - IF you apply for exemption within 30 days of moving - and have owned the boat more than 6 months prior to moving (and don't sell it right away) - then boat can stay on original EU registration.

Non EU VAT paid yachts can stay 18 months - after which the yacht has to do a "EU exit / EU entry" to reset the time. You have to log boat into a marina and get check in stamps and check out stamps! Crossing territorial water borders is NOT enough. But if the OWNER is in Spain more than the 182 days - matriculation tax is due.

Non-EU persons can stay a rolling 90 days of 180? days in Spain without becoming residents. But if the person stays longer - they become implied Spanish residents - which then require them to operate on Spanish regulation, pay VAT and matriculation tax on their Yacht.

If you buy a 2nd hand private yacht registered in Spain - you do not pay Matriculation tax again - but you might have to pay a 4-8% transfer tax - even on vessels < 8m. (Different rules from "region" to "region" - Andalusia is 4-8% dependent on boat size). The tax is based on 2nd value from official Tax Tables - so it might not be 4% of the actual purchase price - but could be of an "assigned value"

If you buy ANY EU Tax/VAT paid boats OUT of EU waters (Like a Spanish registered boat in Turkey) - all VAT and EU/Spanish tax payments are LOST. It counts as a fresh import into EU. So if you transact EU VAT paid boats - only accept transaction completion and payment inside of EU harbours.

If a yacht has been outside EU waters for more than 5 years - EU VAT is LOST - and probably matriculation Tax - but exemptions can be applied for by the original EXPORTER only. So seller has to move the yacht to EU waters and get a written exemption. They buyer can't get exemptions.

With all the above "regulations" there is one important thing to remember. Everything is up to the Yacht owner to prove. So keep good records! Any audit of paperwork starts from the premise that VAT & Taxes are not paid - and you have stayed longer than allowed in Spain. You have to personally prove time spent and VAT correctly paid - and that you are not due Matriculation Tax. So buying a EU-VAT paid yacht in Turkey might work for a while - until an audit from a detail focused tax inspector. And that could happen after 10 to 20 years.

All the above a based on my understanding. But it might be wrong! So get a Yacht tax lawyer involved before you make any purchase decision.

[kaz911]

Originally Posted by cargar12

That claim of some 182-day rule requiring Spanish registration can not be correct— I just got back from there and plenty of even local residents whose boats are always in Spain have foreign registrations.

Btw - early this year there was a change to Yacht rules about Non- EU yachts staying in Spain.

In our Spanish marina it quickly meant loss of a LOT of "permanent" berth holders.

It was so bad everywhere - that the Spanish government rolled back the regulation a few months later.

I don't have the full details - but I do think that is where the 182 day rule is from - but as far as I know - it was fully rolled back to the 18 month rule.

The above is just what I have heard - I have not dug into the regulation yet.

Our Spanish Marina has NOT recovered so there are a LOT of empty spaces and berths sell for big discounts.