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V0478-23 1 March 2023 · SG de Impuestos Especiales y de Tributos sobre el Comercio Exterior y sobre el Medio Ambiente Criterion in force
OTRO · impuesto especial sobre determinados medios de transporte

Potential tax exemption for vessels transferred to a related company for chartering

A company has enquired whether it may claim an excise duty exemption when transferring new vessels to a related entity for chartering purposes. The Directorate-General for Taxes (DGT) has ruled that this is possible, provided the transferee company uses the vessels exclusively for rental and the original owner retains no rights of use.

The question raised

Possibility of requesting an exemption from the Special Tax on Certain Means of Transport

The DGT's ruling

The exemption is possible if the transferee company uses the vessels exclusively for rental activities and complies with the requirements of Article 66.1.c). The exemption is not lost due to the related-party relationship if the transferee is the party entering into contracts with end customers and the holder does not receive rights of use over the vessel. If the transferee fails to comply with the requirements before the four-year period, the registration holder must self-assess and pay the tax. The subcontracting of complementary services by non-resident third parties does not imply the transfer of the vessel.

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