Stopped at the French-Spanish border (ES side) – apparently my French plates are illegal, but AEAT had no idea either
Posted by Sorry-Speed7542@reddit | expats | View on Reddit | 29 comments
So this happened recently and I'm still trying to figure out what's actually going on... and what to do considering the cost of changing my plates.
We got stopped by the Guardia Civil at the border. Routine check, or so we thought. Turns out they told us that as long-term residents in Spain, we are not allowed to drive a vehicle with foreign plates, full stop. They directed us to AEAT to sort it out.
Fine. We booked a cita at AEAT and went in good faith. And nobody there seemed to know what the rule actually was. After a lot of back and forth, the agent we spoke to told us it was totally fine to use the car in Spain as long as we never stayed more than 30 consecutive days on Spanish territory.
That sounds like the rule for tourists, not residents?
So now I'm genuinely confused. The Guardia Civil says it's illegal. AEAT says it's fine with a 30-day limit. Two official sources, two completely different answers.
Has anyone else been through this? Long-term resident, foreign-plated car you actually own, registered at a secondary address abroad? What did you end up doing?
shrapnelll@reddit
In my country, if you become a legal resident, you have 6 months to convert your plate and drive license. If you do not convert your plates and are checked, you are subject to receive a fine + pay 1 year worth of taxes on your car.
If you drive a car with plates from another country, you can be excused if it is a rental car, if it is a leased car from a country where your employer is based, or a family member allowing you to drive their car on a very short term basis. I can only guess that Spain does similar.
Sorry-Speed7542@reddit (OP)
thanks ! From what I ve read , I am supposed to change them indeed.. it is just strange that the tax office themselves told us to wait and sent us back home without knowing if we'd get a fine.. thanks!
Asleep-Meringue-7446@reddit
Full disclosure you also need to change your driving licence (convert the French one to Spanish)
vlnaa@reddit
I think you don’t need to change your driving license. This rule is no more valid. But before expiration you have to ask for renewal in country you reside.
Sorry-Speed7542@reddit (OP)
yes thanks!! I did this ages ago actually... I just wast aware I couldnt keep a car that lives most of the time in france! merci :-)
Puzzleheaded-Sun7418@reddit
You need to talk to DGT not AEAT (Hacienda) to do the change. But my advice is if you are resident just talk to a Gestoria and do the change with them. Your French insurance most likely won’t cover you abroad for long either and it will be a mess (and probably expensive) if anything happens and you are not covered
shrapnelll@reddit
It is a very specific scenario tbh.
enrique288@reddit
Il existe la même règle en France. Tu ne peux pas conduire une voiture immatriculée à l’étranger si t’es résident français (sous ton nom). Si c’est une voiture que tu n’utilises pas beaucoup et seulement quand tu retournes à ta résidence secondaire, je pense que tu peux laisser tel quel. Mais si tu l’utilises assez fréquemment en Espagne, oui il faut forcément que tu changes l’immat.
SeaPersonality445@reddit
France is the same
Acceptable_Usual1646@reddit
Has to do with where paying taxes for the car (and thus for the roads). You have to drive the plate of the country where you live
antizana@reddit
It has to do with taxes on petrol (according to my spouse, I don’t fully follow the logic either) but as long term residents you’re supposed to register the car in the country you’re living in. I’m not sure the full answer on that given that you have residences in both countries (did I understand that correctly?). Will be interested if anyone can shed additional light on this.
Marfernandezgz@reddit
Nothing to do with taxes. You can buy petrol in another country every day if you want. Is because you need to resgister your car in the country you live.
Great-Note3991@reddit
wrong. You pay taxes on your car yearly, and the taxes should be paid in the place where the owner actually lives
"The primary yearly car tax in Spain is the Impuesto sobre Vehículos de Tracción Mecánica (IVTM), or road tax, which varies based on municipality, fuel type, and engine horsepower, typically ranging from roughly €20 to over €200. Additional yearly costs can include registration tax (if newly imported) and specialized taxes for high-emission vehicles."
Marfernandezgz@reddit
You are rigth. Nothing to do with petrol taxes
Sorry-Speed7542@reddit (OP)
I am resident in Spain but am French and very often stay in France... let's see if it happened to anyone else... I think I ll end up changing the plates but it is quite expensive.. thanks !
antizana@reddit
I’m aware of the limitations of an AI researched answer but this is what I got, and it is in line with my understanding in a practical sense:
Puzzleheaded-Sun7418@reddit
This is not completely right. In the EU if you stay more than 181 days in a country you become resident to that one. Therefore there is no dual residence. You are resident of France or Spain in regards to taxes and such. Your car needs to be registered where you are resident otherwise it can be considered tax evasion, insurance won’t cover you, etc.
antizana@reddit
Certainly OP should do their research on the subject, but the difference between residence status and tax status was highlighted for both countries. Spanish police may check if you are classified as a resident for immigration (and legislation governing car registration) irrespective of your tax residence status. France similarly makes a distinction between resident and domiciled. From my understanding of OP’s situation they are French and may have a second residence there but live primarily in Spain and by that measure need to change their car’s registration.
Puzzleheaded-Sun7418@reddit
If they are resident in Spain then they have to change the license plate. There is nothing like dual or inmigration status because if they are from the EU it mostly matters where you are tax resident but there are no visas and such. I may have not explained myself properly as English is not my native language sorry about that
Sorry-Speed7542@reddit (OP)
yes tjhanks! we re indeed residents in spain, no doubt about that! ont changing the plates now ;-)
Marfernandezgz@reddit
This is the answer and the place for do it is DGT not AEAT
Sorry-Speed7542@reddit (OP)
yes AEAT was just to pay the fine as we were told we would get one,...
livadeth@reddit
Years ago when I became resident in Spain, I got Spanish plates. It’s a normal thing to do.
RidetheSchlange@reddit
I think the OP misunderstood or there was a translation or expression error by the guard.
If you register your residency in another country, you have to transfer your license and registration and stuff there. Done. You are a resident in another country. This is also considered tax evasion and I think this is what's happening and the problem with the car is now that you've registered in a different country, your insurance, even if it's still paid, is technically void because they will not pay out claims. I'm guessing this suspends the registration and flags the plates. Perhaps they did you a favor by allowing you to take the car away with a technically suspended registration and no effective insurance.
This is actually very common in border regions of countries like Switzerland, Germany, Austria, and Poland.
ElKaoss@reddit
I'm not an expert, but you are supposed to register your vehicle in Spain if you are resident. The guard is right on that. But the process is long and convoluted even by Spanish bureaucracy standards. It does not help that apparently the workers at the dgt are the first ones who are unaware of how to do this.
Happened to a friend of mine, and the whole thing took him more than 6 months.
Sorry-Speed7542@reddit (OP)
yes thanks! I m looking into it ans probably will use a gestoria...
wbqqq@reddit
With eu licences a transfers between eu countries I believe that the licence is valid until expiry at which time it needs to be renewed/reissued in the country of residence. (Info I received when I moved from Ireland to France in 2017)
However, driving of vehicles registered in a different state while in your state of residence (despite what state issued your licence). There may be a grace period (6 months in Ireland AFAIK) to get the re-registration done for your own vehicles, but there might be no allowance for vehicles owned by others (except rentals and employer vehicles)
Sorry-Speed7542@reddit (OP)
thanks... I m looking into the process now :-)
Sorry-Speed7542@reddit (OP)
thanks! Our isnurance was fully aware of the situation (as we did it thinking it was legal) and they were ok as long as the car was in France at least every quarter... this being said, I m looking into the procedure and will most certainly do it!