Yachts are highly sought after and used in Spain due to its geographical location with a coastline of more than 8,000 kilometers and a wide variety of marinas and marinas. So, the use of this type of boat is too requested by both individuals and companies. Some people even use yachts not only for trips and transportation, but also as accommodation during vacations and other people rent them to celebrate a special occasion such as a wedding, bachelor party, reunion with friends from school or university. , business parties and other events.
In addition, the number of yachts that you will be able to find in Spain is very varied , with different models and sizes that can be adapted both to the group of people who wish to take the tour and to the budget that you have allocated for it. In fact, you will find various offers for both rental and sale of yachts in this country, for which you must comply with the applicable rules and regulations to guarantee safety and compliance with the laws that regulate navigation in Spain.
What you should know if you want to buy a yacht for private use in Spain
You should know that in Spain the process is very different if you want to acquire a yacht for private use or if it is for profit . In the case of being for exclusively private use, the yacht must be registered in the 7th list and must pay registration tax. While, if it is for commercial use by renting to third parties, the yacht must be registered on the 6th list and you have tax benefits; but, you have to follow some requirements. In addition, there is a Royal Decree 804 of 2014 where you will find the safety and pollution prevention regulations for recreational boats that carry up to 12 passengers, especially those that are more than 24 meters long or approximately 80 meters long. feet.
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Likewise, there is another Royal Decree 1571 of 1993 that says that people residing abroad who purchase vehicles for private use in Spain and are not required to have their definitive registration, can register with a tourist registration that is provisional and is not subject to tax. Special on certain Means of Transport. The yachts that are covered by this registration are considered to be under a temporary import regime and will enjoy the legally recognized tax benefits for said regime. Also, a resident in Spain could flag a yacht outside of this country and use it in Spanish waters as long as they pay the registration tax for said yacht. However, you must take into account if the country in which you want to have your boat registered allows a non-resident foreigner to have the yacht registered in this way.
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What you should know if you want to own a yacht in Spain for commercial use
You must bear in mind that the yacht must have a Spanish flag. Although, it does not apply throughout the country; For example, in the Balearic Islands the authorization is mandatory and is issued by the Directorate of Ports and Airports of the Balearic Government. On the other hand, in other areas of the country that do not have jurisdiction over maritime transport, said authorization is issued by the Maritime Captaincy. For example, if the rental contract begins and ends in France, the rental authorization would not be mandatory, but rather it is only required if the yacht is based in a Spanish port; that is, if customers embark and disembark in Spain.
While, for the registration of a vessel, it must be requested at the Maritime Captaincy by providing the property title (for example, the sales document), proof of payment of the corresponding taxes and technical documentation. And, if it is a vessel that comes from abroad, what must be done is a "lowering the flag" procedure . Then, the Administration must resolve the flag application within a period of up to 1 month. If it is not done within that time, it should be considered as denied. But, if they accept it outside of that period without additional actions having to be taken, you can claim or request to be compensated for the damages that may have been caused. Additionally, the registration of the vessel must be renewed ; since it expires after 5 years. If they have not requested it, the owner must request it because they can be removed from the trade.
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The Tax Agency considers that all boats registered in list 6 (in this registration process an alphanumeric code is assigned that links the boat to a port) intended for recreation, they must dedicate at least the first 4 years exclusively to rental and cannot be used by the owner or by people close to or linked to him. In fact, to be able to use it, you have two options: 1. that you have paid the registration tax (without having accepted Law 38 of 1992 that exempts you from paying the tax) or, pay the price that an ordinary customer would pay. But, if you have taken advantage of the Law to avoid paying the tax, you will not be able to rent your own yacht; since the law prohibits it. However, if you are outside of Spain, you will be able to charter your own yacht because you are outside of the country's jurisdiction.
Now, the tax advantages of registering a boat on list 6 in Spain are some of the following: the yacht can deduct VAT from both the purchase and maintenance expenses, although you will have to declare the operating profits. On the other hand, if you purchase a boat by sale to a private individual, you are subject to liquidation of the contract due to property transfer tax. This tax is paid in the autonomous community where the tax domicile corresponds.
Regarding the registration tax or also called "special tax on certain means of transport" that must be paid by all boats that are greater than 8 meters in length and in case of being less, an exception is made and 12% must be paid. about. In both cases, the vessels that are registered in list 6 are exempt from these taxes. In other words, the yachts registered in list 6 are exempt from paying the registration tax, which is 12% of the value of the boat, including all the accessories it has. While, if it is a second-hand yacht, you can be guided by some tables published annually by the Ministry of Economy and Finance to settle the tax on the value that is established. But, to avoid that the boats go through registration 6 as a way of tax evasion, is that if the boat changes its registration 4 years after its purchase, it must pay the corresponding tax and that it must also pay if it is dedicated to private purposes simultaneously.
On the other hand, a vessel that is registered in list 6, must provide the Maritime Captaincy with the following updated documents: seaworthiness certificate, first aid kit certificate, civil liability insurance policy, extraordinary accident insurance policy, list of crew members , authorization from the Port Authority to perform professional functions and a model 036 or 037 from the Tax Agency that registers in economic activities. Speaking about the VAT that must be paid, it is 21% and is paid by whoever is going to receive the service from the company and the company must pay it to the Spanish Treasury. If the yacht is for passenger transport, 10% is paid.
So, now you have an idea of the rules for using a yacht in Spain. You must be very careful in the processes you must do if you want to acquire a yacht for private use or if you want it for commercial use for profit and abide by the laws of this country. With this, you can get an idea of why the rental prices of some boats are quite high because apart from that, you must cancel the service that the crew is providing while you only have to enjoy the tour and the fabulous views with your family, friends or colleagues.
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