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  1. #11
    Join Date
    Oct 2007
    Location
    Essex countryside
    Posts
    1,194

    Default Re: Any issues for Liveaboards based in Spain

    If you intend to stay in one marina for more than the 183 days then you may come to the attention of the authorities but I suspect you intend to move around and maybe anchor to get the best from the rias. Portugal is not far for a weekend to break the counting days.
    You will not regret your stay, how ever many days you are there.
    Out means out, completely out. No single market. Time to walk away. The silent majority.

  2. #12
    Join Date
    Apr 2005
    Location
    Boat is in Ionian, Greece
    Posts
    131

    Default Re: Any issues for Liveaboards based in Spain

    Quote Originally Posted by AB1707 View Post
    Thank you Tranona and Steve. I currently plan on being there over 183 days. I have now contacted a Spanish lawyer to advise me on applying for the exemption when I arrive in Spain. Has anyone else done this and what extra problems does it create.
    That would probably tell them that you are staying more than 182 days and therefore are tax resident in Spain which means you are required to file a tax return and pay taxes according to what the spain - uk tax treaty says....
    Quite a few years now since I've heard of any problems with matriculation tax and even then think all of them that had problem had been on a long term marina contract. Can't recall anyone that was caught when cruising.

  3. #13
    Join Date
    Aug 2006
    Posts
    209

    Default Re: Any issues for Liveaboards based in Spain

    I have never heard of anyone falling foul of this tax ( someone will no doubt be along to say otherwise)...and as for Marina's passing information to the authorities...well I know of at least one person, probably more, in our Marina who has been here 2 years and not travelled home at all...he even starred in a local Spanish news report about his liveaboard lifestyle...certainly not anything to worry about IMHO....

  4. #14
    Join Date
    Apr 2005
    Location
    Boat is in Ionian, Greece
    Posts
    131

    Default Re: Any issues for Liveaboards based in Spain

    Search the archives here and you will find people they were charging with this tax a few years ago.

  5. #15
    Join Date
    Jan 2004
    Location
    Bricks & mortar: Italy. Me & boat: Aegean
    Posts
    9,978

    Default Re: Any issues for Liveaboards based in Spain

    Another side of the same coin is looming. In just over a year from now, the 183-day rule may be irrelevant, since you could be limited to 90 days in any six months, anyway (and that's in the EU27 as a whole). The only way around this may be by becoming formally resident.
    All epigrams are false

  6. #16
    Join Date
    Nov 2007
    Posts
    31,979

    Default Re: Any issues for Liveaboards based in Spain

    Quote Originally Posted by macd View Post
    Another side of the same coin is looming. In just over a year from now, the 183-day rule may be irrelevant, since you could be limited to 90 days in any six months, anyway (and that's in the EU27 as a whole). The only way around this may be by becoming formally resident.
    Assume this is tongue in cheek as there is no indication that this will happen in march 2019 - if at all!

  7. #17
    Join Date
    Apr 2006
    Location
    Greece in Summer, Southampton in Winter
    Posts
    4,431

    Default Re: Any issues for Liveaboards based in Spain

    Adam,

    The issues are dealt with fairly thoroughly at http://www.jimbsail.info/going-foreign/time-abroad. They arise from the interaction between two EU directives - one concerning people (tax residence), and one concerning any MoT (Means of Transport - cars, boats, planes, horses and carts) they bring into the country.

    Tax residence in Spain is a people thing. It applies to those who spend more than 182 days in Spain during any tax year - which is (in Spain) is also a calendar year. You may also be a tax resident if you run a local business . . .

    Boats are a customs thing. If you bring one in which is registered in another country, it may stay up to 180 days in the country without being "imported". Import, in this sense, means it will have to operate under all local regulations. Usually this means re-registering, but it's possible to maintain original registration, as long as you meet all local regulations (pay circulation taxes, carry equipment, meet seamanship regulations).

    The pain hits if you're also tax resident. You then have 30 days from bringing in the boat in, or becoming tax resident, to go through all the formalities of import. If you don't, and you're caught out, you'll be charged a "pollution tax" - effectively a fine.

    Avoid tax residency by arriving in July, departing in June the following year.

    Avoid import by parking in Gibraltar, France or Morocco before 180 days are up.

    Do it legal by getting advice from a "gestor" - a tax lawyer - and importing the boat properly.
    Last edited by jimbaerselman; 14-02-18 at 12:00.
    JimB
    jimbsail.info helps Skippers plan Europe Cruises

  8. #18
    Join Date
    Apr 2005
    Location
    Boat is in Ionian, Greece
    Posts
    131

    Default Re: Any issues for Liveaboards based in Spain

    Quote Originally Posted by macd View Post
    Another side of the same coin is looming. In just over a year from now, the 183-day rule may be irrelevant, since you could be limited to 90 days in any six months, anyway (and that's in the EU27 as a whole). The only way around this may be by becoming formally resident.
    Did not expect this to be a problem until end of transition period Dec 2020. Have I missed something?

  9. #19
    Join Date
    Jan 2004
    Location
    Bricks & mortar: Italy. Me & boat: Aegean
    Posts
    9,978

    Default Re: Any issues for Liveaboards based in Spain

    Quote Originally Posted by AndersG View Post
    Did not expect this to be a problem until end of transition period Dec 2020. Have I missed something?
    I think you may have. The blessed Theresa's last pronouncement on the subject (last week, in China) was that EU nationals arriving in the UK after March 2019 could not expect to acquire residency by right. Reciprocity is the name of the game. (The EU27 is meanwhile insisting that all the 'four freedoms' must endure during any transition period.)

    Of course none of this guarantees what will eventually be agreed, but if you're going to read the runes, best not miss any.
    Last edited by macd; 14-02-18 at 15:25.
    All epigrams are false

  10. #20
    Join Date
    Oct 2010
    Location
    Swing mooring Faro
    Posts
    5,530

    Default Re: Any issues for Liveaboards based in Spain

    A few EU countries have a lot of resident (but many not formally so) British ex pats and they won't want them to leave because of the income they generate but unfortunately the other states may overrule any deal to keep allowing free movement. We already have a situation where Spain enforces the residence rule whereas Portugal doesn't so it's anyone's guess what the future holds.

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