Bureaucracy
Application
of Local Legislation to Visiting Yachtsmen;
Boat
Tax; Documentation Required; Entry Procedures – Customs &
Immigration; Flares; Light Dues; Taxation – General;
VAT
(IVA);VAT Receipts (Facturas) Visas (Provisional
Information Only).
Application of Local Legislation to Visiting Yachtsmen
Unlike
UK, all boating activities in Portugal are covered by complex legal systems=
and
requirements; at last count we found 29 separate laws and regulations direc=
tly
related to Recreational Boating!
Any yacht “on passage” can cl=
aim
they only have to comply with their own country’s requirements. However, cruising along the coast,=
making
frequent stops, or taking out a berthing contract, can all bring you under =
the
local rules and regulations – even if the boat remains registered in =
your
own country.&nb=
sp;
<=
span
style=3D'font-family:"Calibri","sans-serif";mso-ascii-theme-font:minor-lati=
n;
mso-hansi-theme-font:minor-latin'>See the RYA web site for their advice.
It has long been =
normal
practice for the enforcement agency in Portugal - Polícia
Marítima– not to apply the letter of the law to genuine visito=
rs,
as most maritime nations apply a “quid-pro-quo” approach to oth=
er
nations’ vessels. Howev=
er,
since 2011, there has been greatly increased activity by Polícia
Marítima - and also the Patrol Boats of the Mar=
ínha
(Portuguese Navy) - and the rules ARE now being enforced on all.
If you are here long-term, especially if
you’ve bought property or pay local taxes, then you are well advised =
not
to argue the point or get on your “high horse” about out-of-date
flares etc. If you try to pus=
h the
point, you could eventually be forced to change your boat to Portuguese
Registration. More-over=
, if
you have a serious incident or breakdown and require the lifeboat service to
tow you in, your yacht will probably be declared “unseaworthy” =
and
you may be required to meet the full Portuguese standards before you are
allowed to sail again. (Yes, both have happened.)
Most of the local rules and requirements = for equipment are common sense and will be familiar to anyone who has used the RORC standards. In Portugal, requirements are laid down for 5 broad categories of yachts and yachting:-<= o:p>
|
Category |
One |
Two |
Three |
Four |
Five |
|
Title |
Ocean |
Offshore |
Coastal |
Coastal (restricted) |
Inland |
|
Distance Offshore? |
Any |
To 200 nm |
To 25 nm |
To 6 nm |
Estuary or river |
|
Distance from Safe Haven? |
---- |
---- |
< 60 nm |
< 20 nm |
< 3 nm |
If you sailed to Portugal, you will be deemed to be=
in
the “Ocean” category, unless you can prove otherwise. =
For
example, you may have used a delivery crew and now intend only to coastal s=
ail. If you are over-equipped for the
category you claim now to be in, any extra safety equipment carried, MUST a=
lso
be in date.
Details of the
requirements for each of these categories can be found summarized (in
Portuguese) on the local Cruising Association (ANC) web site. They are also printed in a very ha=
ndy
Portuguese/English hand book, “Skipperslog”, available free from
the Marina; unfortunately, some of the translations in it are not entirely
accurate. We have therefore produced a summary of t=
he
relevant requirements; follow this link to view it.
Boat Tax
There is a local boat tax which is applie=
d to
all boats in Portugal. Full d=
etails
of this can be found in our separate paper, available on the web site, by following t=
his
link.
For the benefit of visitors, the usual
"9-month Winter Contract" from September to June, will avoid the =
tax
for the 2 calendar years involved. <=
/span>PHEW!!
If you are here longer term, note that Bo=
at
Tax only applies to yachts built AFTER 1986 and which have an engine GREATER
than 20 Kw. (26.8 HP).
Then, if you meet these criteria, foreign=
-registered
boats become liable after the boat has been in any combination of port(s) or
boatyard(s) in Portugal, for a consecutive period of 183 days in any tax ye=
ar. As
the tax year is the calendar year, a documented
absence of 2 days in early July, will break your eligibility.
This is a locally collected tax, with some
local autonomy in how the rules are applied, and there is currently no real
mechanism for checking time spent in different ports across the country.
Document=
ation
Required
For all yachts, passports (ID cards or
Residence Permits for locals) of all crew are required, as well as the
yacht’s registration and insurance documents. Visas may be required for non-EU
citizens; check with your own embassy or consulate.
Local skippers require proof of their
qualifications and there is an appropriate "ticket" system, simil=
ar
to the UK structure, but legally enforced.=
For visitors, an ICC (International
Certificate of Competence) has been found to be the preferred document, tho=
ugh
a UK Yachtmaster Certificate (with photograph) has been shown without any q=
uery
being raised.
Note that the Maritime Police conduct
occasional purges on “Documentation”, “Lights”, "Anchor
Balls" and "Motor Sailing Cones" - and it can cost an
on-the-spot fine of €60 per discrepancy. This seems to be an increasing act=
ivity
– perhaps geared to the need to raise finances for the government.
Entry Procedures – Customs and Immigration
![3DD=](3D"Bureaucracy.htm_files/image002.jpg")
These
authorities have offices located in the Marina Reception, but these are oft=
en
not manned, as only the main commercial ports have permanent staff from
Immigration (SEF) and Customs (Alfândega) departments.
Foreign yachts (including non-EU) can ent=
er
any major port and the Marina staff will automatically notify the appropria=
te
authorities at their nearest office.
At Lagos, this is done by e-mail to the
Portimão offices. If t=
he
officials wish to see the new arrival, they will come to Lagos Marina and v=
isit
the yacht, or ask the skipper to come up to the Marina office.
It's all very relaxed and hassle free.
=
Flares - Pyrotechnics
The number and =
type
of flares required by Portuguese Legislation is laid down in the publicatio=
ns
listed in the first paragraph.
To prevent
pyrotechnics getting into the hands of football hooligans, chandlers in
Portugal are now only allowed to sell flares to a yachtsman who has written
approval from the Captain of the Port.&nbs=
p;
This requires a personal visit, with Registration Document and Passp=
ort,
and the payment of an administration charge – in May 2011 this cost
€17.44, irrespective of the number of flares.
We have been ab=
le
to identify a number of alternative procedures and will be happy to discuss
these with visiting yachtsmen on an individual basis.
![3D"Mole](3D"Bureaucracy.htm_files/image004.jpg")
Light Dues
By the letter of
the law, any yacht visiting Portugal is liable for “Light Dues”=
, to
help to pay for the up-keep of Navigation aids. A visitor staying for less than 6 =
months
is charged €2 –but in reality is rarely challenged for it and f=
ew
bother.
If staying longer, the annual cost =
varies
with your category of sailing, as defined above, and the rates in 2011 are:=
- Ocean €56, Offshore €2=
8,
Coastal €11.50, Restricted coastal €8.50, Inland/estuaries
€6.
These dues appl=
y to
locals as well as visitors – and the Maritime Police do check up on
it. It is payable to the
“Captain of the Port”, whose office is near the “Boat
Roundabout”. (How very appropriate!)=
Take registration documents and passport.
Taxation - Income Tax; Inheritance Tax;
Wealth Tax
All of these are beyond the scope of these simple guidance not=
es. If you are interested in living in
Portugal:-
A) See me in South Bar, after the VHF Net=
on
Monday or Friday, for a chat;
B) Contact AFPOP, the foreign
residents’ association; or
C) Contact one of the major
Financial Consultancies who advertise in the local “expat”
newspapers.
=
VAT (IVA)
For USA and other non-EU visitors to
Portugal, the rules are common with the rest of the EU - a total of 18 mont=
hs
stay is allowed in any part(s) of the EU - and then VAT (=3D IVA) becomes d=
ue on
the value of the vessel.
These two tips are reported to work – but need verificat=
ion
– and I accept no responsibility for them:-
A) A documented journey, outside the EU
– e.g. to Morocco for 24 hours - can “restart the clock” =
and
allow for a further 18 months VAT-free status.
B) If you ARE importing - ent=
er
via the Açores, where VAT/IVA rates are significantly lower (15% v 2=
0%)
and your own (reasonable!) valuation of the boat’s worth may be accep=
ted.
=
Vat Receipts =3D“Facturas”
These are official tax documents that go through
the books, incur IVA of 20% – and Income Tax for the tradesman
concerned. “N&ati=
lde;o
quer factura?” means “You don’t want a VAT receipt?”
and it is an invitation to enter the Black Economy. It may save you money in the short=
term,
but there will be no guarantee for the work - and there are significant
penalties if you are caught. “Caveat
Emptor!”
Visas – Non-EU
Citizens (Provi=
sional
Information Only)
It is my
understanding that the normal pattern is for visas to be valid for 90 days =
and
then there must be a period of 90 days out of any country within mainland
Europe.
In the last 2
years, we know of a number of extensions being granted to citizens of USA, =
on
request (and payment of ca. €45 to €80) at the Immigration Offi=
ce
(SEF) in Portimão. Cit=
izens
of Australia have been verbally assured they will be able to =
do
the same – but we await confirmation of this! Furthermore, the situation followi=
ng a
visit from mainland EU to UK (i.e. outside the Schengen area) has still to =
be
clarified.
We have receive=
d a
comprehensive note from ex-Navigators, David & Janet Heath,
“Alegria”, on many aspects of Visas and VAT. Visit our web s=
ite by
clicking on this link to their paper. As usual, anyone with any more accu=
rate
or up-to-date information is asked to share it with us, via our web site
“Contact Us” button.