highandry
regular
Reged: 17/02/2006
Posts: 359
Loc: South Coast UK
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Question for any live-a-boards in Portugal who use/run a UK registered/taxed motor vehicle. Can you give me an idea of any time limit, after which a vehicle kept and used in Portugal (by a temporary resident/visitor) becomes liable for local road or any other taxes please? I've heard different stories and had info from people who were there when Noah was still nailing the Ark together, Need up to date info.
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CLEMMY
regular
Reged: 31/01/2007
Posts: 13
Loc: portugal
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This is an extract from lagosnavigators.net I believe the car taxation is the same as boats but with cars after 6 months you are required to leave or change your registration to portuguese. As you can see from the article the tax situation is in a state of flux and the law is not always applied or interpreted the same in every area.
Annual Boat Tax, 2008 (Major Changes Are Noted In Red)
THESE NOTES ARE FOR INFORMATION AND GUIDANCE ONLY. EACH INDIVIDUAL MUST CLARIFY HIS OWN LEGAL RESPONSIBILITIES. ONLY “FINANÇAS” CAN GIVE A DEFINITIVE STATEMENT OF THE LAW.
A Brief Background
For many years, there has been a national tax on ALL vehicles – with aircraft, yachts and motorboats included in this category! The application to foreign-owned boats had lapsed in most areas – until some 4 years ago when the local GNR Brigada Fiscal (“Tax Police”) appeared and issued statutory notices of non-compliance and penalty “tickets”.
The law in Portugal is the same as in the UK – it is up to the individual to know what the law is and what it requires of him. However, recognizing the difficulty most of us have in understanding the language and the taxation system, the Marina Manager raised the issue with the financial authorities. A set of local working practices were agreed, that would enable foreign boat owners to know their legal liabilities and how to go about meeting them.
The Navigators’ helped by publishing guidance notes on our web site, so that the information would be available for reference by later arrivals and by those who had not given an e-mail address to the Marina. These notes set out the legal position and allowed each owner to decide what he might have to pay if his boat’s presence became known.
New Legislation for 2008
While the basic principle of taxing “vehicles” remains the same, changes were introduced in the calculation, application, timing and payment procedures. These were set out in a new law that came into effect from 1st Jan 2008.
Administration Procedures
This law is still locally administered - but many areas of interpretation have yet to be decided and passed down from Lisbon to the local offices. In the absence of such guidance, local officers are left to devise their own procedures.
Again, our Marina Manager has met the authorities on our behalf, seeking to establish what the local ground rules are and to avoid the risk of penalties for missing any deadline.
It is stressed that only the Finance Ministry in Lisbon can make the final decision on the law. However, the interpretations made by the local Chief Financial Officer, and clarified in discussion with the Marina Manager, will be applied at the moment.
NOTE: These may change in the light of instructions from the Lisbon or Faro offices.
Tax Rate
From 2008, “Boat Tax” is now based on engine power only. It uses Kilowatts as the measure of power, and the rate of tax for 2008 is €2.05 per Kw. (1 HP = 0.7457 Kw.)
As a ready reckoner, the tax in 2008, equals approximately € (1.5 times horsepower).
Tax Exemption
Boats registered before 1986 and/or with an engine of less than 20 Kw. (= 26.82 HP) are exempt. There is no requirement to register or to claim this exemption.
Payment Procedures For Portuguese-Registered Boats
The tax is now payable by 31st Jan each year, with provision being made for declaration of ownership, calculation of tax due and subsequent payment to be made via the Internet and/or “Multibanco” systems. This procedure is the same as that used for tax on cars.
Tax Liability For Foreign-Registered Boats
The tax will be applied to all foreign-registered yachts kept here, either ashore or afloat, for a total of more than 183 days from the introduction of the new law on 1st January 2008. This means that the tax for any such foreign-registered boats will become payable on 2nd July 2008. There is always a short “period of grace” - still to be defined - but there are penalties for “late payment”. These are not applied if you pay as soon as you become liable for the tax - e.g. if you arrive in March, you will not be penalized if you pay the tax in September. Payment dates for future years are still unknown.
Payment Procedures For Foreign-Registered Boats
If and when you need to pay the tax, it must be paid in cash or by a cheque drawn on a Portuguese bank. If the owner is out of the country on the due date, someone else may make the payment on his behalf – so long as the owner has a "Numero Contribuente".
A "Numero Contribuente" is simply a Fiscal Identification Number - and note that it has nothing to do with Income Tax! It is obtained from the local Finanças Office, at a small cost, (ca. €6). Take your Passport and Marina Contract to give proof of “residence”.
To calculate any tax liability, the “Treasury” section of Finanças must then see the Boat Registration and proof of engine power, if needed, eg a Bill of Sale or Maker's Booklet.
This is the position as at 21st January 2008, based on a number of discussions between the Marina Manager and the Lagos Chief Financial Officer.
If you have any queries about this note, contact us via our web site.
Queries on your personal tax situation should be addressed to the Finanças Office
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highandry
regular
Reged: 17/02/2006
Posts: 359
Loc: South Coast UK
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Thank you clemmy, I was in Portimao in 2006 and it doesn't sound a great deal different! There was a couple hauled out alongside me who ran an old British registered car, and had done so for nearly a year with no problems. However in the marina later another Brit told me he had been warned 6 months max and required to leave with his vehicle. At that time I don't know what the situation was with boats at all though. I was planning on spending less than 6 months in Portugal but had thought I might fly home and ride my bike back down there for winter transport. Thanks for the website, appreciated.
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TigaWave
regular
Reged: 17/12/2004
Posts: 1821
Loc: Buckland Monachorum
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I've moved and used vehicles around Europe and as there is no record of entry exit you can go back every 5-6 months or so, then the poeriod starts again. You need the cars UK MOT, tax and insurance valid. I've kept cars until the mot is due then re registered them, as I didn't want to drive across Europe for an MOT test.
If its obvious its parked up in the same spot for 6 months your asking for trouble I would think. If you had the intention of staying and importing the vehicle when you arrive you're supposed to do it as soon as possible.
-------------------- www.H4Marine.com
www.sailonline.org www.sailport.se
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Metabarca
regular
Reged: 23/08/2002
Posts: 1518
Loc: Trieste, Italy
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I agree with TigaWave: if your car is conspicuous, it will be noticed and attract trouble. I owned a red MG for a couple of years in Turin, and that was more or less ok (town of 1 million). As soon as I moved to the country, I was being eyeballed by the Carabinieri and had to import it. I see a few British cars parked at my local Ryanair airport, so clearly, others are getting away with not importing, though.
-------------------- Sailing info for the Adriatic here: http://www.comoy.com/saillinks.html
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jimbaerselman
regular
Reged: 18/04/2006
Posts: 1735
Loc: Greece in Summer, Southampton ...
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A couple of points on this general subject to help understanding.
If you (individually) spend more than 183 days in any year (tax year in some states, calendar in others, 365 days in yet others) you become taxable in that country. This is not policed (recorded) in the EU as far as EU citizens are concerned. However, if local officials have reason to believe you're tax resident, it will be down to you to prove you're not (through airline tickets, ferry tickets, location of credit card transactions etc).
If you're taxable in a country, all your mobile capital goods items (cars, caravans, boats) that you use in that country should be registered locally - and may attract taxation in various forms.
Some countries additionally require that any mobile goods (cars etc) should be locally registered if they stay longer than 6 months, irrespective of your own taxable status. This is not policed, but the onus of proving a shorter stay will often lie on you.
For instance, Greek police sometimes check cars leaving on ferries, and ask when the car came in . . . and issue an on-the-spot fine if 6 months has been exceeded.
So, it's you, or your kit!
-------------------- Jim Baerselman
http://www.jimbaerselman.f2s.com/ or Google 'jimb sail'
Compares the Cruising areas of Europe
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