What are the problems in bringing a RHD car to Spain and registering it etc...such as insurance changing plates?
Tom
Bringing my car to Spain
I found thsi info...it doesn't make for easy reading....Plus a friend has spent about 6 months trying to register his car and it cost a fortune plus lots of hassel.
Here it goes....best of luck. Of course this info may well have changed and it is always best to consult a legal rep. The driving licence law changed a few months back, so no problems with UK licence now.
A. Residents Within EU/EES
Vehicles Registered Outside The Area
Residents of the European Union and the European Economical Space (meaning Norway, Lichtenstein and Iceland) are not permitted to use, within the area of EU/EES, vehicles registered outside the area. (This makes it illegal for EU/EES residents to use vehicles registered in Gibraltar and Andorra). An EU/EES resident may only use a vehicle with licence plates from an EU/EES state.
Vehicles Registered Within The Community
In the case of Spain, community residents (from now on, when we refer to the community or EU, we also include Norway, Lichtenstein and Iceland) without a residence permit in this country (unless they are fiscal residents due to their staying in Spain for more than 183 days per calendar year) may use a vehicle registered within the community without any formalities, and may leave their car in Spain whilst they are away without the need to have it sealed. They may then use the car again on their return visit.
Person With Residence Permit Or Who Is A Fiscal Resident
On the other hand, any person who has either a residence permit or is a fiscal resident in Spain must register a car staying permanently in Spain with Spanish licence plates in accordance with the stipulation of the first disposition of the Law 38/1992 which says that "a means of transport, new or used, when acquired by a person or a legal entity with legal or fiscal residence in Spain must be registered in Spain."
Cars Registered Outside The Community Area May Not Be Used By Foreign Residents
It should be kept in mind that foreigners resident in Spain or in another EU state may not use, within the community area, cars registered outside. Article 12 of the rules 1855/89 of the European Council expressly prohibits vehicles registered outside the community area being loaned, given or placed at the disposal of persons with permanent residence within the area. (Certain exceptions exist to this general rule.)
Tourist Plates In Spain
When referring to tourist plates, one must make the following distinctions:
A. Residents within the customs area of the community.
B. Residents outside the customs area of the community.
A. Residents Within The Customs Area
Persons With Habitual Residence Within The Community, But Outside Of Spain - Conditions
This system is applicable to all persons complying with the following conditions:
1) That they have their habitual residence within the community, but outside of Spain.
2) That they do not have any business activity in Spain.
3) That they (or spouse, parents or children complying with the same conditions) use the car only for private purposes.
Keeping Car On Tourist Plated - Only Paying VAT (IVA)
Under this system any person residing within the community, but outside Spain, may continue to keep their car on tourist plates only paying VAT (IVA) of 16%. These tourist plates may be prolonged every year, without further payments other than the municipal car tax.
Circumstances In Which VAT (IVA) Is Not Payable
There are two exceptions whereby persons resident within the community area, but outside of Spain, may qualify to have a car on tourist plates without having to pay the IVA:
1) Persons on the point of transferring their habitual residency to a country outside the community. In this case three months are allowed for the transfer.
2) Correspondents for foreign newspapers in Spain, teachers in schools established by foreign governments and employees without diplomatic status in embassies, consulates and international organisations located in Spain. In such cases there is no limit on the use of the vehicle.
B. Residents Outside The Customs Area Of The Community
Exemption From All Taxes
Persons resident outside the community area may have a car on tourist plates with total exemption from all taxes (meaning they do not have to pay the IVA, nor the special registration tax, nor the 10% customs if the car is produced outside the community).
Period Of Use
Such persons may use a car with tourist plates continuously or not for six months, per 12 month period.
Application For An Extension
However, to be able to continue to use the vehicle for more than the first six months, they must apply for an extension that will be granted by the customs authorities, if the circumstances permit. Customs make the decision regarding extensions.
General Rule
The general rule is that after six months, the car should be imported into Spain on normal Spanish plates as stipulated in Law 38/1992 on Special Taxes.
Special Circumstances
However, under special circumstances, this may be extended. The family of the car's owner who has a vacation property in Spain and takes their holidays at intervals throughout the year may have a good case for extension.
Final Importation
Residents
Residents of Spain (legal or fiscal) are obliged to register their cars on Spanish plates.
The Taxes To Be Paid On Such A Final Importation Are:
a) Value Added Tax (IVA)
This tax is payable on cars imported from outside the community or on cars registered on tourist or tax-free export plates when imported. The basis of the calculation is on the original market price of the vehicle with a reduction for each year of the vehicle's age.
This tax is not payable on cars registered on fully tax paid plates from a community country. The IVA is at present 16%.
b) Special Registration Tax
This tax on registration, established in Law 38/1992, is intended to compensate for the losses in tax income brought about by the reduction in IVA. It is generally 12%, but reduced to 4% if your gasoline driven car has less than 1.600 cc, or a diesel car of less than 1.910 cc. (In the Canary Islands the corresponding tax is 11 or 6%.)
c) Import Duty
In the case of a vehicle registered in a country not belonging to the EU/EES, an import duty of 10% is payable when the vehicle is imported to Spain. This duty is also calculated on the original market price, with a reduction according to age.
The Intervals For Technical Inspection (ITV) In Spain Are:
a) five (5) years after first registration (in Spain or abroad)
b) after five (5) years, every two (2) years until nine (9) years
c) after nine (9) years, every year.
4. What About Importing a R.H.D. Car?
Two Distinctions Have To Be Made
When you want to import a car with the steering wheel on the right hand side, two distinctions have to be made:
1) Importation due to change of residency.
2) Normal importation.
If You Are Taking Up Residency In Spain
If you are taking up residency in Spain and want to bring your R.H.D. car with you, as this is an importation due to change of residency, you should not have any problem in doing so.
If You Already Are Resident In Spain
But if you already are resident in Spain, and you buy a car with the steering wheel on the right hand side and intend to put it on Spanish plates, you may be able to go through the whole importation process, but have the ITV refuse to test the car.
We Recommend That You Ask The ITV
Before deciding to bring an R.H.D. vehicle to Spain, we recommend that you ask the ITV in the place where you live if they will permit it.
5. Summing Up
Community Citizens Resident In Spain
They must have their cars registered on normal Spanish plates. When bringing a car from their country of residency, to Spain for registration, they will only have to pay the Registration Tax if IVA has been paid on purchase. There are no limits for the use of such a car in Spain.
Citizens From Outside The Community Area, Residents In Spain
They must also have their car on normal Spanish plates, but pay IVA and the Registration Tax on importation. They too, must pay Import Duties when importing a car from outside the community area.
Residents In Community Countries
No, we are not making a mistake, it is really residents in the community area, and not only citizens we are talking about in this group. This means that a Chinese with legal residency in Denmark comes in this group.
Persons belonging to this group may use cars registered in their country of residence, in Spain, without any time limits and without paying any taxes. The only condition is that they may not be fiscal residents in Spain. Residents in community countries can also have a car in Spain registered on Spanish tourist plates, valid for six months, renewable.
Residents Outside The Community
Such persons may use their foreign cars as tourists in Spain for six months per calendar year, with a possible extension. They pay no taxes on their car in Spain, but must not be fiscal residents.
The Practical Experience
The practical experience of the members of "FIPE" over the years since the new rules for importation of cars came into effect, tells them the following:
Foreigners outside the Community area
For foreigners outside the community area, it almost never pays to register a foreign-registered car on Spanish plates.
If you come from within the community area
If you come from within the community area and want to register the car in Spain, it does not pay to bring in cars with a low value, only cars of a significant value. To take Spanish tourist plates is such a cumbersome task, filled with paperwork, that we cannot recommend it.
Here it goes....best of luck. Of course this info may well have changed and it is always best to consult a legal rep. The driving licence law changed a few months back, so no problems with UK licence now.
A. Residents Within EU/EES
Vehicles Registered Outside The Area
Residents of the European Union and the European Economical Space (meaning Norway, Lichtenstein and Iceland) are not permitted to use, within the area of EU/EES, vehicles registered outside the area. (This makes it illegal for EU/EES residents to use vehicles registered in Gibraltar and Andorra). An EU/EES resident may only use a vehicle with licence plates from an EU/EES state.
Vehicles Registered Within The Community
In the case of Spain, community residents (from now on, when we refer to the community or EU, we also include Norway, Lichtenstein and Iceland) without a residence permit in this country (unless they are fiscal residents due to their staying in Spain for more than 183 days per calendar year) may use a vehicle registered within the community without any formalities, and may leave their car in Spain whilst they are away without the need to have it sealed. They may then use the car again on their return visit.
Person With Residence Permit Or Who Is A Fiscal Resident
On the other hand, any person who has either a residence permit or is a fiscal resident in Spain must register a car staying permanently in Spain with Spanish licence plates in accordance with the stipulation of the first disposition of the Law 38/1992 which says that "a means of transport, new or used, when acquired by a person or a legal entity with legal or fiscal residence in Spain must be registered in Spain."
Cars Registered Outside The Community Area May Not Be Used By Foreign Residents
It should be kept in mind that foreigners resident in Spain or in another EU state may not use, within the community area, cars registered outside. Article 12 of the rules 1855/89 of the European Council expressly prohibits vehicles registered outside the community area being loaned, given or placed at the disposal of persons with permanent residence within the area. (Certain exceptions exist to this general rule.)
Tourist Plates In Spain
When referring to tourist plates, one must make the following distinctions:
A. Residents within the customs area of the community.
B. Residents outside the customs area of the community.
A. Residents Within The Customs Area
Persons With Habitual Residence Within The Community, But Outside Of Spain - Conditions
This system is applicable to all persons complying with the following conditions:
1) That they have their habitual residence within the community, but outside of Spain.
2) That they do not have any business activity in Spain.
3) That they (or spouse, parents or children complying with the same conditions) use the car only for private purposes.
Keeping Car On Tourist Plated - Only Paying VAT (IVA)
Under this system any person residing within the community, but outside Spain, may continue to keep their car on tourist plates only paying VAT (IVA) of 16%. These tourist plates may be prolonged every year, without further payments other than the municipal car tax.
Circumstances In Which VAT (IVA) Is Not Payable
There are two exceptions whereby persons resident within the community area, but outside of Spain, may qualify to have a car on tourist plates without having to pay the IVA:
1) Persons on the point of transferring their habitual residency to a country outside the community. In this case three months are allowed for the transfer.
2) Correspondents for foreign newspapers in Spain, teachers in schools established by foreign governments and employees without diplomatic status in embassies, consulates and international organisations located in Spain. In such cases there is no limit on the use of the vehicle.
B. Residents Outside The Customs Area Of The Community
Exemption From All Taxes
Persons resident outside the community area may have a car on tourist plates with total exemption from all taxes (meaning they do not have to pay the IVA, nor the special registration tax, nor the 10% customs if the car is produced outside the community).
Period Of Use
Such persons may use a car with tourist plates continuously or not for six months, per 12 month period.
Application For An Extension
However, to be able to continue to use the vehicle for more than the first six months, they must apply for an extension that will be granted by the customs authorities, if the circumstances permit. Customs make the decision regarding extensions.
General Rule
The general rule is that after six months, the car should be imported into Spain on normal Spanish plates as stipulated in Law 38/1992 on Special Taxes.
Special Circumstances
However, under special circumstances, this may be extended. The family of the car's owner who has a vacation property in Spain and takes their holidays at intervals throughout the year may have a good case for extension.
Final Importation
Residents
Residents of Spain (legal or fiscal) are obliged to register their cars on Spanish plates.
The Taxes To Be Paid On Such A Final Importation Are:
a) Value Added Tax (IVA)
This tax is payable on cars imported from outside the community or on cars registered on tourist or tax-free export plates when imported. The basis of the calculation is on the original market price of the vehicle with a reduction for each year of the vehicle's age.
This tax is not payable on cars registered on fully tax paid plates from a community country. The IVA is at present 16%.
b) Special Registration Tax
This tax on registration, established in Law 38/1992, is intended to compensate for the losses in tax income brought about by the reduction in IVA. It is generally 12%, but reduced to 4% if your gasoline driven car has less than 1.600 cc, or a diesel car of less than 1.910 cc. (In the Canary Islands the corresponding tax is 11 or 6%.)
c) Import Duty
In the case of a vehicle registered in a country not belonging to the EU/EES, an import duty of 10% is payable when the vehicle is imported to Spain. This duty is also calculated on the original market price, with a reduction according to age.
The Intervals For Technical Inspection (ITV) In Spain Are:
a) five (5) years after first registration (in Spain or abroad)
b) after five (5) years, every two (2) years until nine (9) years
c) after nine (9) years, every year.
4. What About Importing a R.H.D. Car?
Two Distinctions Have To Be Made
When you want to import a car with the steering wheel on the right hand side, two distinctions have to be made:
1) Importation due to change of residency.
2) Normal importation.
If You Are Taking Up Residency In Spain
If you are taking up residency in Spain and want to bring your R.H.D. car with you, as this is an importation due to change of residency, you should not have any problem in doing so.
If You Already Are Resident In Spain
But if you already are resident in Spain, and you buy a car with the steering wheel on the right hand side and intend to put it on Spanish plates, you may be able to go through the whole importation process, but have the ITV refuse to test the car.
We Recommend That You Ask The ITV
Before deciding to bring an R.H.D. vehicle to Spain, we recommend that you ask the ITV in the place where you live if they will permit it.
5. Summing Up
Community Citizens Resident In Spain
They must have their cars registered on normal Spanish plates. When bringing a car from their country of residency, to Spain for registration, they will only have to pay the Registration Tax if IVA has been paid on purchase. There are no limits for the use of such a car in Spain.
Citizens From Outside The Community Area, Residents In Spain
They must also have their car on normal Spanish plates, but pay IVA and the Registration Tax on importation. They too, must pay Import Duties when importing a car from outside the community area.
Residents In Community Countries
No, we are not making a mistake, it is really residents in the community area, and not only citizens we are talking about in this group. This means that a Chinese with legal residency in Denmark comes in this group.
Persons belonging to this group may use cars registered in their country of residence, in Spain, without any time limits and without paying any taxes. The only condition is that they may not be fiscal residents in Spain. Residents in community countries can also have a car in Spain registered on Spanish tourist plates, valid for six months, renewable.
Residents Outside The Community
Such persons may use their foreign cars as tourists in Spain for six months per calendar year, with a possible extension. They pay no taxes on their car in Spain, but must not be fiscal residents.
The Practical Experience
The practical experience of the members of "FIPE" over the years since the new rules for importation of cars came into effect, tells them the following:
Foreigners outside the Community area
For foreigners outside the community area, it almost never pays to register a foreign-registered car on Spanish plates.
If you come from within the community area
If you come from within the community area and want to register the car in Spain, it does not pay to bring in cars with a low value, only cars of a significant value. To take Spanish tourist plates is such a cumbersome task, filled with paperwork, that we cannot recommend it.