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Regulations

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Spain

Compliances in SpainJune 2016

Can EU yachts charter in Spain?
Yes, they can and there are no restrictions in terms of cruising grounds.
 
Are there any other compliances?
Yes, non-Spanish flagged yachts must apply for the matriculation tax exemption to avoid paying 12% VAT on the value of the hull. 
EU yachts must sign an affidavit of liability in order to be authorized to charter. Once the authorization is granted, a yacht may apply for a provincial charter license (provinces of Barcelona and the Balearics, etc). Your fiscal representative manages the process.
 
Can non-EU yachts charter in Spain?
Yes, but there are some restrictions in terms of cruising grounds.
Non-EU yachts can charter in the Balearics if no EU flagged yacht is available but non-EU yachts cannot charter in the province of Barcelona.
In order to charter, a yacht must be in free circulation in the EU. This means that either the yacht is EU registered or that it has been imported into the EU or that VAT on the hull has been paid.
 
Are there any other compliances?
Yes. All non-Spanish flagged yachts must apply for the matriculation tax exemption to avoid paying 12% VAT on the value of the hull. 
All yachts must be authorized to charter in the province where they intend to operate (the process is slightly different for EU and non-EU yachts). Once the authorization is granted, a yacht may apply for a provincial charter license. Your fiscal representative manages the process.
 
How long does it take to be legal to charter?
It takes approximately eight weeks. Please note it’s illegal to start chartering before you have received all the permits and authorizations and hefty fines are imposed for breach. This means you must plan ahead.

What flags does Spain consider to be EU?
The Province of Barcelona deems British Red Ensign registries (IoM, Cayman Island, Guernsey, etc.) to be EU. So all Red Ensign flagged yachts can charter in the Province of Barcelona.
However, the Balearics administration deems British Red Ensign registries to be non-EU. Non-EU yachts can charter in the Balearics if no EU yacht is available.