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By Lincoln45
#1118518
wingman wrote:
Thu Jul 11, 2019 12:24 pm
You have 30 days to import and re-plate any non Spanish registered vehicle once you become habitually resident. That date is from first use in Spain...called the "dato de circulation". The authorities assume you are using said vehicle from the moment you arrive...even if you get a Certificate of EU Registration (residente temporal) downstream. That is the law.
It is incorrect and misleading to suggest that the vehicle somehow becomes a separate legal entity and it can stay forever providing it is fully legal in the country of registration. It must by law (national and EU) be registered to someone or an entity - company.
This is about import and tax laws...not traffic regulations.
My German ex partner was done by GC Traffico ( report then denounced to the AEAT) for owning (because name was on the Permisso de Circulation, Fecha Technica and IVTM receipt) a Spanish reg car...without proof of residency status.
For the sceptics and unsures ...the best solution can be obtained from your very helpful Jeffe Official Destacamento de Traffico GC in Acequion or next time you see a GC Atestado y Informas van on the side of the road, just walk over with all your "legal" UK documents, Spanish residencia and they will give you an answer... :wink:
There are two different scenarios, resident and non resident both of which have been explained
By wingman
#1118564
Read carefully...part of my post concerned resident v non resident...my late partner was "done" because she had a Spanish Registered vehicle in her name...but did not produce a CNP issued Cert of EU Reg.. Resident or Non Resident.. to GC Traffico to "determine her legal status "...the follow on letter from AEAT after the report was made, reminded her that she had failed to become fiscally resident ( noting that the DGT database tells AEAT the date that the vehicle is first registered in your name) after 183 days.
Second... You can argue till the cows come home about, res v non res...12 months this and 183 days that...but the legal and revenue systems in Spain are enforced codified statutes. They assume...you have to prove...and you can flex and " liberally interpret" the law and regulations and try and dodge requirements...until something goes wrong or you are "pulled". Like my ex partner...
The EU regulations (for Spain) on importation, registration and "ownership" of a motor vehicle are clear...and EU law is superior to Spanish law...if you read those...all is clear. Once you become habitually resident...you 30 days to import your vehicle.
I would also steer well clear of any scheme of car sharing of a non Spanish registered vehicle owned by a person who is "playing residency " games and leaving a handful of poders for anyone to drive it. The vehicle must be fully legal in all respects in the country of registration...so which UK insurance company issues a policy that allows any amount of un named drivers to drive a UK registered car in Spain for 12 months at a time?
Or
By freddo
#1118566
Wingman
Are you implying that if you are not a Fiscal resident ( have not sent in at least 1 tax return ) you are not allowed to drive a fully legal Spanish registered car that has your name on the logbook
By Jimbo1916
#1118569
Trust `Know It All `wingman to come along to confuse things even more as usual with his nonsensical gobbledegook.... :lol: :lol: :lol:

" There are two different scenarios, resident and non resident both of which have been explained"

Correct Lincoln45 ... but that won`t stop him waffling. :lol: :lol:
By Info
#1118570
Insurance cover might pose a problem but once someone is named on the car insurance policy it shouldn't be a problem. I see whereas Ireland only has 30 days automatic EC cover on a comprehensive policy the UK offers 90 days. I did read somewhere that you can get additional cover in the host country. Something called 1st party cover which is perfectly legal to do. From EU website for UK insurance.
https://europa.eu/youreurope/citizens/t ... amp_en.htm

Bee
By Lincoln45
#1118572
Info wrote:
Sat Jul 13, 2019 3:49 pm
Insurance cover might pose a problem but once someone is named on the car insurance policy it shouldn't be a problem. I see whereas Ireland only has 30 days automatic EC cover on a comprehensive policy the UK offers 90 days. I did read somewhere that you can get additional cover in the host country. Something called 1st party cover which is perfectly legal to do. From EU website for UK insurance.
https://europa.eu/youreurope/citizens/t ... amp_en.htm

Bee
Depends which Insurance company that you are with in the UK. They all seem to vary.
I'm with SAGA who give you the cover for the whole year. The Insurance company I was with before was 60 days, unless you paid an extra premium to extend it.
By wingman
#1118647
Wingman
Are you implying that if you are not a Fiscal resident ( have not sent in at least 1 tax return ) you are not allowed to drive a fully legal Spanish registered car that has your name on the logbook
...no...read carefully. You are required to hold a Cert Of EU Resident Temporal / Permanente or NON RESIDENT if you drive Spanish Reg Vehicle in Spain.
There are not 2 different scenarios in the case my ex partner experienced. You must prove your status to authorities if pulled or you are involved in a legal issue with said vehicle. Your name ( and date) on the permisso de circulation informs other agencies ( for example AEAT) that you have been driving the vehicle in Spain..if that date is more than 183 days...why have you not become fiscally resident as obligated legally to do so?
Hence why you should have a Cert of Reg EU Non Residence...if you are not in Spain for more than 183 days.
Also be careful if you are on the padron (electoral roll) and are claiming to be non resident! You must be habitually resident to be on the padron. If you go in front of an investigating Judge for any reason ( drink driving for example) and you are on the padron..under Spanish law you are "domiciled" in Spain. No ifs or buts or maybe's... so again your status and ownership of vehicles is not as clear

Trust `Know It All `wingman to come along to confuse things even more as usual with his nonsensical gobbledegook.... :lol: :lol: :lol:

" There are two different scenarios, resident and non resident both of which have been explained"

Correct Lincoln45 ... but that won`t stop him waffling. :lol: :lol:
...and your informative contribution to the question was?

Clearly, the 2 situations are not clear...you need to obtain the correct papers if you are driving a Spanish reg vehicle... resident or non resident. My point was clearly separate from importation laws for a UK reg vehicle which is import within 30 days of becoming habitually resident / domiciled...which has just been verified by the local press.
You are at liberty to consider waffle and gobbledook..its a free forum..maybe one day you might just be on the side of the road with GC looking pretty sheepish trying to find a good abogado...other members might just learn a few things and save some tears downstream. :wink:
By Info
#1118653
Yes but wingman the post is about non-residents. We don't want to be resident just come visit our holiday homes and bring our cars. We have to go home so residencia doesn't come into it at any point.

Bee
By wingman
#1118685
Have people noticed a downturn in the amount of UK cars etc on the roads?
Do we expect a glut of RHD UK cars for sale?
Or
Is it 90 or 180 days that UK cars are allowed to be in the country?
How do they know?
Will it just continue as is, where a blind eye seems to be turned?
…..this is the original question. Not about non residents.

Yes but wingman the post is about non-residents. We don't want to be resident just come visit our holiday homes and bring our cars. We have to go home so residencia doesn't come into it at any point.


Then you can only drive your UK registered car and stay in your "holiday home" for 90 days. Then you must leave Spain....if not, you are here illegally until you register for a Cert of EU Reg with the CNP. Your "estancia" only lasts 89 days.
My information holds true for both Spanish and UK cars... you must prove your status.
For clarity - residencia no longer exists for other EU citizens in another member state.
A Cert of Reg EU (Non Resident) does come into it if you stay in your holiday home with a UK vehicle for more than 90 days up to 183 days. At that point you are obligated to become resident for tax purposes. It is also the point at which the authorities deem you to be "habitually resident" unless you have papers to prove otherwise.
Once again - the owners status and the vehicle are intrinsically linked. Not separate.
How do you think the AEAT were able to serve writs, denuncias and impound vehicles on a load of UK vehicles on the Costa del Sol a few years ago? The PL noted registrations, where they were parked and for how long...after 183 days they then knocked on the doors and assisted the CNP who checked Cert of Reg EU or lack of … and AEAT agents with serving the denuncias for failure to import the vehicles. Impound car and 7 days to obtain Cert of Reg EU and Import said vehicles.
I have recently seen a few "long stay" UK reg vehicles (stupidly with ITV stickers on the windscreen - absolute magnetic for Trafico) in my urbanisation getting a piggy back on the municipal grua truck to the pound. Then the " resident" owners in the bars that night gobbing off how unfairly treated they have been and the AEAT can get f****ed! I asked one question...Are you on the Padron?..."Of course I F****g am!!"...err the prosecution rests M'Lud.
By cameron
#1118709
A few years ago one of my neighbours got caught after they took their child to school each day in the car and did not have residencia, why would your child be in school if you didn’t live here?
By bolton wanderer
#1118714
wingman wrote:
Wed Jul 17, 2019 9:47 pm

........
Yes but wingman the post is about non-residents. We don't want to be resident just come visit our holiday homes and bring our cars. We have to go home so residencia doesn't come into it at any point.


Then you can only drive your UK registered car and stay in your "holiday home" for 90 days. Then you must leave Spain....


Correct, in order to remain non-resident you should leave Spain before a 90 day period. However, as discussed ad nauseam, your car can remain in Spain for up to 12 months. 8)

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