1. The yacht has to be in free circulation in Europe (VAT paid, VAT accounted for or imported)
2. The owning company needs a VAT number in place
3. The yacht has to be commercially registered or engaged in trade
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On May 27th, 2019 the General Directorate of Merchant Marine signed Service Instruction number 7/2019 allowing commercial 'passenger yachts’ (able to accommodate more than 12 guests) be used in Spain for recreational purposes, such as charter activity.
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From long, the Spanish National Yachting Association (ANEN) have been complaining on the abundant criteria disparities among the different harbor master offices in order to issue their clearance (misnamed ‘charter license’) for yachts to authorized for charter in Spain, especially foreign flagged yachts.
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The Italian Customs Authority recently confirmed the procedures relate to art. no. 212 of the Delegated EU Regulation n.2446/2015 (RD) referring to the "Conditions for guaranteeing the total exemption from duties of the importation of means of transport".
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Our Spanish tax advisor, Miguel Ángel Serra, partner at Albors Galiano Portales and legal and tax advisor to the Spanish Association of Nautical Companies (ANEN), announce last March 14, 2019 in the VII ANEN National Congress held in Palma, the intention of ANEN, together with the Spanish Large Yachts Association (AEGY), to file a complaint before the European Commission in relation to the Spanish matriculation tax.
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Following the recent news and information conveyed by various consultants and industry experts regarding the charter activity in Italy, we are pleased to clarify the following points:
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On 10th of October 2018 the Department of Customs and Duties of the Spanish Tax Agency published an information note clarifying that a yacht under TA can operate commercially in Spain, without prior import and release for free circulation in the UCT.
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The Croatian Ministry of Maritime affairs has increased inspections for commercial yachts arriving in Croatia with charter guests from other EU countries.
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As of 22th of June 2018, additional customs duties of 25% on imports of yachts and boats originating from the U.S.A is applied in the EU. This duty is in addition to the VAT already due on importation of yachts.
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