If you are thinking about moving your residence to Spain, you must be aware that you may be exempt from paying duties and taxes when importing your personal belongings, and owned yachts can be included among those belongings. Due to the particularities of the Spanish fiscal system, both EU and non-EU citizens moving to Spain might be eligible for these tax benefits.
Personal property belonging to persons transferring their usual place of residence from a non- European country to Spain is admitted free of Import Duties according to Council Regulation (EEC) No. 1186/09. From a Spanish standpoint this has an effect on VAT and Special Tax on Certain Means of Transport (IEDMT).
The current Spanish VAT rate on yachts is 21%. The provisions for VAT relief are set out in article 28 of Spanish Law 37/1992 on VAT. The relief may be granted if the following requirements are met:
- The applicant’s place of residence must have been outside the EU for a period of twelve (12) consecutive months.
- Proof of payment of standard taxes in the country of origin.
- Said belongings have been used for a minimum period of six (6) months before the date of exportation.
- Import must be carried out up to one year after the date of transfer to Spain.
- They are intended for the same purpose as in their usual normal place of residence.
- They cannot be lent, hired out, given as security or sold for a year after their entry into free circulation in the EU.
Besides VAT, it is important to remark that the Special Tax on Certain Means of Transport might be applicable both to EU and non-EU citizens moving to Spain. In this regard, the Special Tax applies on the yacht value at a rate of 12%. However, as is the case with VAT, the Spanish Law 38/1992 on Excise Duty laid down a similar relief for IEDMT. According to article 66.1.n of the aforementioned law, IEDMT relief may be granted to persons moving their residence to Spain if the following requirements are met:
- The applicant’s place of residence must have been outside Spain for a period of twelve (12) consecutive months.
- Proof of payment of standard taxes in the country of origin.
- The transport means must have been used for a minimum period of six (6) months before the date of exportation.
- They are intended for the same purpose as in their usual normal place of residence.
- Tax relief must be applied for within sixty (60) days after the date of transfer to Spain.
- They cannot be lent, hired out, given as security or sold for a year after their entry into free circulation in the EU.
What are the documents to be provided to Spanish Customs?
- A detailed, estimated inventory (dated, signed and in two copies) of the belongings you wish to import.
- Any documentation proving that your primary residence was in a non-EU country.
- Spanish residence card or application form.
- Yacht’s build certificate and title of ownership.
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