Fau & LoustauAbogados
Home/Our Services/Boat Sale & Purchase

Boat Sale & Purchase

Buying or selling a boat in Spain is not a simple domestic transaction. It involves the Maritime Authority (Capitania Maritima), the Tax Agency, the Ship Registry, technical inspections and, increasingly, cross-border operations with British buyers post-Brexit. Our firm offers a 360 service for individuals and companies wishing to buy or sell a vessel with full legal certainty. We work directly with Almeria and Garrucha Maritime Authorities and know the particularities of the local marinas at Garrucha, Almerimar and Aguadulce.

How we help

  • Prior due diligence: liens, naval mortgage and pending debts
  • Drafting of tailored private purchase contracts
  • ITP or VAT settlement depending on operation
  • Special Registration Tax management (Form 576)
  • Change of ownership at Maritime Authority
  • Registration in List 6 (charter) or List 7 (private use)
  • Spanish flagging (Royal Decree 1435/2010)
  • Import and nationalisation of UK vessels post-Brexit
  • Cancellation of naval mortgages prior to sale
  • Coordination with marine surveyors

Our process

1

Prior due diligence

We review documentation, liens at the Movable Property Registry, VAT and Registration Tax status, ITB and mandatory insurance validity.

2

Private contract

We draft the contract with warranty clauses, hidden defects, equipment inventory and suspensive conditions linked to the survey.

3

Signing and payment

Contract signing and price transfer. Handover of keys, original documentation and physical possession.

4

Tax settlement

Filing of Form 620 (ITP 8% for vessels over 8 metres) or VAT invoice. If applicable, Form 576 (12% Registration Tax) settlement.

5

Change of ownership

Filing with Almeria or Garrucha Maritime Authority and obtaining the new registration certificate in the buyer's name.

Frequently asked questions

Do I have to sign the purchase before a notary?

Not compulsory. Spanish Law 14/2014 accepts private documents. For high-value operations or with a naval mortgage, a public deed provides additional security and we recommend it.

I'm a British resident in Mojacar with a UK-flagged sailboat pre-Brexit. What should I do?

It depends on your 'VAT paid status' in the EU before 31/12/2020 and whether you are a Spanish tax resident. In most cases the most efficient option is to nationalise the boat to Spanish flag (List 7) to eliminate future customs issues. We analyse each case with fixed costs.

How much tax will I pay buying a 10-metre boat from a private seller?

As buyer: 8% ITP on market value (vessel over 8 metres) plus the change of ownership fee. If you're a Spanish tax resident, you'll also owe the 12% Registration Tax unless already settled.

Should I have a survey before buying a used boat?

Not compulsory but highly recommended. The seller is liable for hidden defects for 6 months (private) or 2 years (company), but court claims are slow. A marine surveyor costs 300-1,500 euros depending on length. We coordinate trusted surveyors.

What if the boat has an outstanding naval mortgage or I'm buying from the EU?

If there is a naval mortgage, the buyer may require cancellation before signing or that the balance be deducted from the price and used to cancel the debt. For boats purchased in France or Italy, as an intra-EU operation there is no customs clearance or import VAT; you only need to prove VAT payment in the origin country. We manage both scenarios.

Need help with Boat Sale & Purchase?

Contact us for an initial consultation with no obligation.