The fourth edition of the Fiscal Meeting organised by SOS YACHTING took place on September 25 at the Hotel Hermitage in Monaco within the framework of the Monaco Yacht Show, the reference event in Europe in the field of superyachts and megayachts. Miguel Ángel Serra participated as a speaker at the meeting and analysed the evolution of the Spanish nautical market since 2014, highlighting its enormous potential. From a technical point of view, our Partner discussed with the attendees the latest developments regarding the IEDMT (known as Registration Tax), the Non-Resident Income Tax (IRNR) and relevant customs aspects such as the possibility of operating in commercial regime (charter) under the Temporary Import Regime (RIT). At another point, Serra tackled some projects and proposals that are being analyzed by the Spanish Administration to bring the tax treatment in Spain -especially in VAT matters- closer to that of our most direct competitors in the Mediterranean (i.e. France and Italy). The event, which had complete capacity, brought together nearly one hundred and fifty attendees, including representatives of major European shipyards, shipping registers, management companies, brokers, lawyers, financial institutions, insurance companies and the media.
As part of the Cannes Yachting Festival, the EBI (European Boating Industry) held an Executive Committee meeting last September 12 where the main challenges in taxation facing the Nautical Industry in Europe were addressed. Miguel Ángel Serra and Carlos Sanlorenzo highlighted the need to strengthen the representation of the Nautical Industry in Brussels through a strong dialogue that can recommend and influence decisions taken in Europe and that can affect the sector. A task that today nobody is doing in the European Commission, in the European Council, or in the Council of the European Union, and that would be very wise to channel through the EBI. During the interventions of Miguel Ángel Serra and Carlos Sanlorenzo, they also addressed the major differences that exist in the Nauticial Industry in relation to issues that are largely dependent on Brussels, amongst them: a) The VAT rate(1) applicable to services such as moorings or charter fees. b) The different interpretations in the European Union of the exemption (duty free fuel) from the excise duty on oils(2) in the nautical charter activity. This tax accounts for approximately one third of the cost of fuel. c) The application of the customs regimes provided for in the [...]
The Spanish Maritime Law Association celebrated its Annual Congress in Madrid on June 14 and 15. The President of BIMCO, Mr. Anastasios V. Papagiannopoulos opened the Congress by giving an interesting lecture on the current work and functions of BIMCO. It was followed by three lectures that were dedicated to the praise of Professors Olivencia, Berlingieri and Menéndez, jurists of great importance and who have left important legacies in Maritime Law. Moreover, technical issues such as the new developments in maritime contracting, unmanned vessels, the draft Convention on judicial sale of ships and the new regulation of the ship´s agent were addressed in the Congress. The students of the Law School of the Universidad Carlos III also made a presentation of a case that will take them to an international competition this year. To conclude, the Congress was closed by our partner, Eduardo Albors in his capacity as President of the Spanish Maritime Law Association.
Javier Portales has participated as a speaker in a round table on "Legal solutions to the new challenges of Maritime Law" in the VII International Congress on Transport: Transport as an Engine of Socioeconomic Development, organised by the University Institute of Transport Law, Universidad Jaime I, and held in Benicàssim, Castellón, on 13, 14 and 15 June 2018. Javier Portales' speech was on "The legal challenge of autonomous vessels".
The Port Authority of Baleares has issued an Order pursuant to a Resolution of 5 March 2018 which limits certain “noise” activities on board yachts and cruise ships berthed in ports of the Islands. Pursuant to this Order, the playing of music or generation of noise on board yachts or cruise ships is prohibited from 00:00 to 09:00. The Spanish Noise Act (37/2003 of 17 November) defines noise or environmental noise as the presence of any sound or vibration, which origins or implies, inconvenience, risk or damage to persons in exercising their activities or for goods of any nature, or that cause significant effect in the environment. The Port Authority can, in exceptional circumstances, issue exemptions for extraordinary events. The applicable sanctioning regime envisages fines of up to 60.000 Euros of which the owner, master or even the ship’s agent might be jointly and severally liable.
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