noelrosie

Another good piece of advice

zel

Just a peice of further advice to some people who may be reading this thinking they can try and bend the rules with their UK or Spanish plated cars when it comes to the UK.

Today my brother was pulled over in Dover port and asked to explain why his German plated car had spent more than a year in the UK!

It was quite simple to answer as they are German trade plates so can go on any car but it seems the APNR cameras that are at the check-in at Dover port and the channel tunnel are checking how valid the registration is on cars now too!

Can't blame them really as I shudder to think how much tax money is not being collected by people who either dont know the laws or flaunt them.

Bigger Jim

Here's a piece of info that may be of some interest, can't answer as to its validity but it seems to accord with what I believed to be correct.

If you are a non-resident of Spain but from an EU member state (UK) then you can import your vehicle into Spain and use it with its own licence plates without paying any Spanish taxes for up to six months less one day in any one calendar year.

The vehicle must be road worthy and legal in the country of registration.

Your car may remain in Spain indefinitely, provided its UK tax and MOT are maintained, but you as an individual may not stay in Spain for any longer than 182 days in any one calendar year and neither you nor anyone else can use the vehicle in Spain during the remaining part of the year. Your car must also be insured in its country of registration under EU Law.

There are of course practical problems. But no one ever said the Law wasn't an Ass.

mikelincs

How can you do that, legally, without taking it back to the UK?????

Fred James

He did say that there are practical problems.

That is particularly relevant to UK cars as only a UK MOT is acceptable, which necessitates a trip to the UK, but it may be different with cars from other EU countries and this is an EU wide law.

Bigger Jim

You can't has to go back to the UK for MOT most everything else can be done by e-mail. Contravenes the spirit of EU law but but keeps taxes flowing.

Jim

Goshika

Hi Dave,

Many thanks to you ant the other forum members for the info provided in this and other threads regarding importing cars from the UK or Europe.

You list above all the requirements "assuming you are going to become a resident in Spain". I don't intend to become one for the 4-5 years but would still like to take a car there from the UK (having kept it for 6 months on UK plates obviously!), register it in Spain and use there when on holiday. Do the same requirements apply ? Of course I have NIE and I'm not questioning if I need the certificate of conformity (or equivalent test), ITV, number plates, lights, road tax.

Apologies if this was covered somewhere else but I couldn't find it.

Many thanks All.

Dxf

Hi

I said " assuming you are going to become resident" because theory and practice are different.

In theory, Spain has passed a law which says non residents can own a car, but in practice all the papers required are for residents! The offices have not caught up with todays laws

Davexf

mikelincs

It would have to be street legal in the UK while over here, that means with valid tax, MOT and insurance.

Goshika

Yes, it would be UK legal to start with but I would like it changed to Spanish plates. The car would stay permanently in Spain (with Spanish insurance, tax, ITV, etc.) unlike me who would continunue to be a non-resident Spanish property owner.

Thanks again

jdr

You can only acheive that if you are only in the country for less than 3 months, otherwise you need to register at the local police station and they will issue you a residencia certificate.
See the link in the free beer thread.

Fred James

Sorry JDR but you are wrong on this one.

Yes, you have to apply to be put on the register of foreigners living in Spain for more than 90 days but that is not "residency" in any shape or form. It just means that you no longer are regarded as a "tourist" under EU law and no longer have the right to stay in Spain unless you register.

As far as the rules for cars are concerned then the "fiscal" rules are in effect in that if you are here for more than 183 days in a calendar year you are deemed to be fiscally resident and not allowed to drive a foreign plated car.

If your car is street legal in the UK it can stay in Spain - which means that new UK cars have up to 4 years before their MOT is due.

It is the owners that are restricted to only 6 months driving of the said car and that is in one calendar year, so in effect you could drive the (UK legal) car in Spain for up to 12 months from July to June so long as you do not become fiscally resident.

jdr

Don`t think I am wrong at all as I have just helped someone do it.
Sorry, but when you sign on the register now you get the certificate instead of the card, it is the certificate of residency that the Social security asks for when you join the health system, without it there is no way you will get Spanish Health cover. It tells them that you are resident in Spain and entitled for Spanish cover if you meet the other requirements.
So how you can say this is not a Residency certificate is beyond me.

This is the actual wording on how to apply for your cover.

In order to register your E121 you will first need to obtain the following:
1: certificate as a local resident (certificado de empadronamiento)
2: Certificate of Residence (Certificado de Residencia)


Re the cars, if it is out the UK for more than one year it has to be permanently exported so 4 years is a myth. DVLA HERE

Fred James

You have missed my point.

It is actually a "certificate of registration on the database of foreigners".

The post was about cars, not healthcare and E121s.

If you come to your holiday villa in Spain for say 5 months, then, yes, you are obliged to register as a foreigner and get this certificate but that hardly makes you a resident in the accepted sense.

The rules with regard to cars relate to fiscal residency, so if you are not here for more than 6 months in any one year you are not a fiscal resident so you can drive a UK car.

My point about 4 years was that is the maximum time you have with a new car before it needs an UK MOT which would require you to return the car to the UK. Yes, I was wrong on that - it is 3 years - I was thinking of the 4 years that it is in Spain - I've been away too long!

As for export, if you choose to continue paying UK road tax then the vehicle is not classed as exported because there is no way they can know if the car is in the UK or not and you might choose to return to the UK regularly.

There are thousands of UK cars, legally driven in Spain by holiday villa owners, who either bring the car with them and in some cases leave it here between visits.

The confusion is caused by the fact that we now have to have this certificate after 90 days which does not necessarily provide proof of residency.

For example, when you sell your house and wish to avoid the CGT exemption, that certificate will not be accepted. The only one that will is a certificate of Fiscal Residency issued by the tax office.

jdr

Maybe, but take the green form including an NIE number if you did not have one before issued by the police after 3 months in Spain into any government office and ask them what it is, they will tell you it is the official "Residencia certificado"
I know this by first hand experience a little while ago, it is definately taken as proof of residency in Spain by the town hall and the social security as it is needed for the padron and health cover.

DVLA say if a car is out the UK for over 12 months it has to be exported and imported to the new country.