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  1. #11
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    Default Re: Does this worry those of you who keep boats in spain?

    Whilst there is some doubt about this, all experience and evidence indicates that it is the individual's residency status which influences the tax situation - not the geographical location of the yacht.
    indeed it goes on to say:
    When leaving a boat in a marina, say for the winter, it is probably sensible to leave it as very obviously de-commissioned. As a matter of good practice the log should show movements clearly and the time spent in Spanish waters. In the event of being challenged, the onus of proof is with the boat owner who is advised tot keep marina receipts, proof of air travel etc out of Spain. It is possible to have the boat precintado or sealed by the Customs as proof that it is not being used to follow the less than 182 day rule.

    If you are right, and any foreign flagged boat kept in Spanish Waters for more than 182 days is liabile for the 12% matriculation, why would leaving the vessel out of commission make any difference?

    __________________________________________________ ______________

    I agree why would leaving it out of commission make a difference? its still in Spanish waters for more than 6 months.

    Moreover how does one decommission a boat which is gonna be in the marina afloat. You cant just take the "distributor cap off" :~) I say in the water as the Spanish do not have the facility to store boats ashore in the main, which would be one way of stressing thats its "decommissioned" Anyway ashore is still in Spain.

    I dont know of anyone who in practice has acheived this

  2. #12
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    Default Re: Does this worry those of you who keep boats in spain?

    OK, you don't know anyone who has had their boat made "precintado" and avoided the 12% matriculation tax, but do you know anyone not resident in Spain who has been caught by the tax merely because their boat was in the country while they were not.
    The CA article says that can't happen, but you say it can.

  3. #13
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    Default Re: Does this worry those of you who keep boats in spain?

    This sounds like things have gone a complete circle, before the EU got involved, when Brit owners used to lay up for 6 months of the year to avoid VAT on new boats imported to Spain [or France]

  4. #14
    DavidJ's Avatar
    DavidJ is offline Registered User
    Location : home Brum, boat Costa Brava
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    Default Re: Does this worry those of you who keep boats in spain?

    Does this worry those of you who keep boats in spain?

    Quite frankly, yes!

  5. #15
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    Default Re: Does this worry those of you who keep boats in spain?

    I'm confused now Clive... can you clarify a bit more please?

  6. #16
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    Default Re: Does this worry those of you who keep boats in spain?

    indeed rallyveteran you have a point to which I concede. I believe the folks effected to date have been "living" over here for more than six months, thus the individual gets residencial status for tax and the boat has to pay tax also.

    Upon reading the passage "Short stay sailors" again on the web site, I see they state that as long as a person does not spend more than 6 months at a time they, then they quote :

    "as far as I know they can leave their boat in a Spanish port over the winter say, with no such liability"

    Not 100% positive but they go on to recommend "when leaving a boat in a marina , say for the winter (ie. over six months), it is probably sensible to leave it e-commissioned etc.............."

    This recommendation in itself confirms that they have reservations about their facts.



    This "decommissioning" by the way I believe (perhaps others can confirm) applies to foreign flagged cars staying in Spain, as a way of avoiding registaring the car and thus avoiding tax.

  7. #17
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    mikef is online now Registered User
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    Default Re: Does this worry those of you who keep boats in spain?

    Clive, is your intepretation correct? As far as I understand it and your link seems to say the same, the 182 day rule refers to the individual not the boat. I agree with Hurricane that it is is the individual's Spanish residency and, hence, tax status that is pertinent so it is livaboard owners who need to be most worried. If it referred to the boat, then every foreign registered boat in Spain would be in danger and there would be a mass exodus which AFAIK is not happening
    Anyway, Valenciana has 'previous' when it comes to persecuting foreigners, particularly with property taxes and there is considerable doubt whether other districts would seek to damage their tourism economy in the same way. The Balearic govt, for example, seem very concerned about falling tourism at present and are bringing in initiatives to attract visitors rather than drive them away
    As a boater in Spain, I'm not particularly worried by this situation as there is no way I get close to spending 182 days on my boat (I wish [img]/forums/images/graemlins/frown.gif[/img])

  8. #18
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    Default Re: Does this worry those of you who keep boats in spain?

    "indeed rallyveteran you have a point to which I concede"


    Hi Mike extract above from my last post, indeed that seems to be the case and the boat will not be subject to the tax providing the owner does not reside here.
    more than 182 days in a tax year.


    The problems occurs when say a Brit brings his boat here then decides to take up residency in Spain near his boat.
    Imagine you was really really rich and you were considering buying a 20m berth in Banus for saying 1.5m € to house your new Manhattan 60 another 1.5m €, only to find that should you like it and consider moving here you've got a huge bill coming.

    I think if that became common knowledge it may have an adverse effect on berth values dont you?

  9. #19
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    Default Re: Does this worry those of you who keep boats in spain?

    When I enquired, the RYA legal team advised the following:

    "To the best of our knowledge, the Spanish “wealth” tax (Matriculation) only applies to people who are resident in Spain – this can in some areas include people who own a second home in Spain, but we are not aware of it being applied to <span style="color:blue"> ANYONE </span> who simply berths their boat there. The last information we had was that the wealth tax is a luxury goods tax at 12% of the value of the item in addition to VAT, if it is paid at a VAT chargeable event (such as an import or purchase from a VAT registered organisation)."

    Now to be considered a resident you need to spend 183 days.

    So I suppose it begs the question: Has <span style="color:blue"> ANYONE </span> participating in this forum that have been resident in Spain for less than 183 days ever been prosecuted and/or actually had to pay this tax?
    SEALINE F43 - CORAL RAE

  10. #20
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    Hurricane is online now Registered User
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    Default Re: Does this worry those of you who keep boats in spain?

    [ QUOTE ]
    the Spanish “wealth” tax (Matriculation)

    [/ QUOTE ]
    Well - that just about summs up the RYA
    Complete bollocks
    I wonder if you'd have more success if you asked them the time!

    Seriously though - they haven't a clue.

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