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V3138-17 4 December 2017 · SG de Impuestos Especiales y de Tributos sobre el Comercio Exterior Criterion in force
OTRO · impuesto especial sobre determinados medios de transporte

Potential excise duty exemption for vessels leased to nautical charter companies

A resident in Spain has enquired whether the registration of a vessel leased to a charter company for rental purposes can be exempt from excise duty. The DGT has ruled that the exemption is possible, provided the lessee meets the rental requirements and temporal limits are not exceeded.

The question raised

Possibility of obtaining the exemption from the Special Tax on Certain Means of Transport set forth in Article 66.1.g) of Law 38/1992, of December 28, on Special Taxes.

The DGT's ruling

The exemption is possible if the transferee company uses the vessels exclusively for rental activities and complies with the conditions of Article 66.1.c) of the LIE. If the transferee company fails to comply with the time limits or requirements before four years have elapsed from registration, the vessel owner must self-assess and pay the tax. Likewise, the exemption is lost if the owner or related persons receive a right of use, in whole or in part, even through a rental contract with invoice payment.

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