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V2439-20 16 July 2020 · SG de Impuestos sobre el Consumo Criterion in force
IVA · importación temporal

Introduction of a vessel registered in the EU customs territory is subject to VAT

A company from a non-EU country inquired whether a vessel flying the Guernsey flag could benefit from the temporary importation regime. The Directorate General for Taxes (DGT) ruled that, as it is registered within the EU customs territory, it cannot benefit from such an exemption, and its entry into Spain will be subject to VAT.

The question raised

Taxation of the introduction of the private recreational vessel into the territory to which the tax applies and, in particular, whether it can be linked to the temporary importation regime and the procedure to be followed for this purpose.

The DGT's ruling

In order for a vessel to be linked to the temporary importation regime and be exempt from VAT, it must be registered outside the customs territory of the Union. If the vessel is registered in a country within the customs territory of the Union, it does not meet the requirements for the exemption from import duties and, therefore, its introduction into the territory to which the tax applies will result in an importation operation subject to VAT.

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