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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1323. Do not pay VAT when renting if...
Friday, September 18, 2015 @ 3:08 PM

If you rent your property for holidays in Spain, there are two different tax routes for you:

1)  If the rental contract is regulated by the General Rental Act as a “rental for use other than housing”:

* In these cases, there is no obligation to charge VAT to tenants.

* Payment of deposit rent fee is mandatory.

* Income received from the property rental will be reflected in the Annual Declaration of Incomes (Income Tax) as earnings from real estate.

* Expenses incurred  for the obtaining of the rental income can be deducted: mortgage loan interest, bank commissions related to mortgage amortization, taxes, community fees, home insurance, value decrease of property ---- all these in proportion to the rental period.  Also repairs and maintenance expenses, power supplies and rental agent fee.

* Deposit fee is mandatory. Two months of rent to be paid to the Treasury of the Regional Administration!

* Energy certificate is mandatory if the rental is for a period over 4 months.

2) If you register your second home as "tourist accommodation" in your region, taxes will be as follows:

- The issue of an invoice is necessary for each stay

- You need to apply the corresponding VAT (10%) to the price of the rental

-  Quarterly VAT declaration is necessary.

- If your work status for this activity is “autonomo” (independent worker), you will need to make a quarterly declaration of income tax for this

-  Some regions regulate a Tourism Tax for this and have regulations on payments of deposits

-  Expenses (as in previous Tax Route) are deductible.

You might like to read these posts on Property Rentals

 

Contact us if you have some questions on Holiday rentals

 

El Batán de Lara (a house for rent, in Benamahoma, Cádiz, South of Spain)

 



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