The cost to enjoy a Balearic Island yacht charter vacation should soon be going down. The Spanish government announced that they have ceased implementation of the IEDMT (Impuesto Especial sobre Determinados Medios de Transporte). In other words, better known in the yachting industry as the Matriculation Tax.
COST OF TAX
First introduced in 1992, the tax equaled up to 13.7% of a vessel’s value. It applied to all yachts over 15 meters used commercially. For instance, charter vessels.
In addition to the standard VAT imposed on charters, the cost to own a superyacht or rent a yacht in Spanish waters became prohibitive. This is when compared to other European Union countries.
PROTESTS BY THE MARITIME INDUSTRY
Protests by the Spanish and Mediterranean maritime industry have been ongoing ever since. Numerous reports outlined how the tax was causing economic harm, not benefit, to employment and economic activity in Spain. Some studies showed losses to the economy of 10 million euro per weekend alone, in high season.
RESCINDING THE TAX
For years, Spain ignored the calls to rescind the matriculation tax . In 2011, the European Union Court of Justice declared the Spanish Boat Tax an “unlawful practice,” yet Spanish authorities ignored the guidance laid down by the EU.
Fortunately, the Spanish government finally listened.
THE MINISTRY COMMENTS
According to a statement released by the Spanish Ministry of Finance and Public Administrations in July, the Ministry will, “…cease the application of Matriculation Tax to vessels of 15m+ engaged in commercial activity.”
While the news is widely heralded as positive, many hurdles remain before chartering in Spanish waters becomes competitive with other regions in the European Union.
“Spanish IVA (VAT) remains at 21% – nearly double the typical fees found in other EU countries,” states Jana Sheeder, President of SailAway Yacht Charters and 1-800 Yacht Charters. Sheeder adds, “A myriad of permits and registration requirements makes it difficult for charter vessels to commit to cruising in Spain.Without Spanish registration, these yachts cannot begin and end a charter within Spanish waters. So the combination of administrative burdens and high IVA keeps most charter yachts out of Spain.”
THE TAX REMAINS
It should also be noted the matriculation tax has not been eliminated.
Sheeder explains,
“The tax has not been eliminated. The Ministry was careful to use the words, ‘Ceased to be applied.’ While we expect the Spanish Parliament to vote in favor of the Ministry’s position on the matriculation tax, there is no guarantee that a future administration won’t vote to reinstate it.”
STEP IN THE RIGHT DIRECTION
Still, the abolishment of the matriculation tax is a step in the right direction. Parliament’s approval is expected within the next few months and the new exemption should be in place in time for the summer 2014 charter season.
We return to the VAT subject from July. We previously informed our readers about the new French VAT regulations on yacht charters. The VAT applies to yacht charters in France.
New regulations exist. The new regulations apply from 15 July 2013 to charter agreements for yachts for the purposes of leisure travel.
First, question #1: What rate will apply to French charters after 15 July?
“The rate has been set at 19.6% and will increase to 20% on January 1, 2014. However, the taxable base can be reduced by 50% if the yacht is used outside European Union territorial waters, which by definition extend out 12 nautical miles from the coastline. Thus, if you started a charter in Nice, France, and cruised out beyond the 12 nm limit, and concluded the trip the next day in Sardinia, the tax would drop to 9.8%.”
Second, question # 2. Does it apply if the charter starts and ends outside France?
“No. The law reads VAT is applicable on the charter if the vessel is put, ‘…at the disposal of the charterer in French waters.'”
Third, question #3. Will charterers need to be involved with VAT registration and compliance in France?
“Not at all. It is the responsibility of the yacht owner to make the necessary arrangements to register his or her vessel with the French taxing authorities. As to the collection and processing of the tax, most owners are hiring local French-based fiscal agents.”
“As charter consultants, our responsibility is to clearly explain the new regulations to our clients. Many are repeat charterers who cruised multiple times in France in the past. For some, it will be a shock to hear their next Western Mediterranean yacht charter vacation may be subject to a tax of nearly 20%. We will work with them to modify their itineraries, in an effort to mitigate as much of the tax liability as possible.”
HAVE A QUESTION ABOUT VAT?
Drop us an email at info@1800yachtcharters.com, and we will respond right away.
Today’s blog involves the end of the France VAT exemption. Back in February, we speculated the cost to rent a private yacht in the fabled south of France was about to go up, due to a ruling by the European Union the VAT exemption on chartering yachts in France was not compliant with EU VAT rules. Now, France’s efforts to seek a VAT exemption have failed, as the European Court of Justice has ruled the French tax exemption for commercial vessels is illegal.
WHAT DOES THE RULING MEAN?
With the majority of Mediterranean yacht charter vessels in France registered as commercial vessels, the VAT exemption these yachts have enjoyed for years will end. Luxury yacht charter customers will now find the yachts they rent subject to VAT, and this expense will almost certainly be passed on by the yacht owners to the charterers.
THE ACTUAL RULING
On March 21, the European Court of Justice (in European Commission v. France; C-197/12) had a belief. It held that French legislation providing a VAT exemption for some commercial vessels used for navigation on the high seas. Specifically that carry passengers for remuneration or are used for commercial activities. “…does not comply with Directive 2006/112/EC (the VAT directive), specifically with article 148(a), (c), and (d).
IT CONTINUES
“ The approach of the summer charter season is at hand. Yacht managers and owners are scrambling. In specific, to make sure all paperwork is in compliance with the ECJ’s ruling.”
LUXURY TAX ABOLISHED The recent Mediterranean Yacht Charter show in Genoa, Italy, learned that the 3 year old Sardinia Luxury Tax is no more. ABOUT THE TAX The repeal of the Sardinia Luxury Tax is especially good news to charter enthusiasts. Anyone considering a yachting vacation in the Mediterranean is fortunate. The law […] read more
The world of luxury yacht charter has finally arrived in the Seychelles. Motor yacht SEA STREAM, a 76 foot Ferretti with room for 8 guests, is now available for Caribbean yacht charter enthusiasts looking for a new destination. Ferretti yacht SEA STREAM is now available as the only high quality, luxury crewed motor yacht available […] read more
PLAN AND PACK Yikes! What to pack? In just over three weeks, you leave on a week-long Bahama yacht charter vacation. You choose a sleek, performance, basic sailing yacht with crew. Your menu provided to your yacht through your charter broker, and your crew is ready to welcome you aboard. Seriously, what do you pack? […] read more
Recent Comments