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01 Aug 2008 12:00 AM by momoore Star rating. 13 forum posts Send private message

We  are thinking of renting our property out, but have read an article in a spanish magazine which states that tourism & tax authorities are clamping down on unregistered lets & owners face fines of up to 30,000 euros if caught. It also says that a growing number of holiday home owners are advertising their properties on websites unaware that they need a licence from the tourist authorities & in doing so face heavy fines as a consequence
I know there are people on site who rent out, can anyone tell me then how I get in touch with the tourist authority?
If I let out on a long term let, does anyone know if we would still need the licences?
Thanks Mo


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03 Aug 2008 12:50 PM by Seamas Star rating in Scotland. 79 forum posts Send private message

I am looking for accommodation on the site for 5 nights from the 16th Oct 08 to 21st. Is anyone renting? We will be 2 adults and 2 kids.


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03 Aug 2008 10:45 PM by laserman Star rating. 82 forum posts Send private message

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Hi Momore

I do not know to much about renting but there is one thing you have to bear in mind on a long term let.

The agreements are much in favour of the tenant. Once you commit to a long term let (1 year) the tennant has the right to stay in your property for 5 years and you have no rights or means to eject them.

You cannot even put the rent up to an outragious amount as this is controlled by the law also.

I read this in a Spanish article so check it out, but it certainly scared me off doing a long term let.

laserman


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04 Aug 2008 12:15 PM by momoore Star rating. 13 forum posts Send private message

Thanks laserman

I am really unsure about renting. I was hoping someone would be able to come back to me who has already rented out to clarify the licence details, but I guess people who are renting out are just not posting on this forum. 
Seamus - I am not going down the route of renting out until I know I am doing it legally.
I will perhaps get in touch with the tourist information office at Los Alcazares & find out from them if licences exist for rental at San Cayetano( I have done some searching on the internet over the weekend & it looks like the council grants licences for holiday lets on total developments). I guess they must exist as I know lots of people are renting out & wouldn't take the risk, but it is knowing where to go & get all the information.
Does anyone using an agency to let through? If that is the case do they do all the paperwork for you?
Mo




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11 Aug 2008 10:46 AM by kevinstones Star rating in Yorkshire. 57 forum posts Send private message

Mo,

I asked my solicitor about the rental situation. This is the reply I received:

'Please be advised that if you are going to start to declare your property for rental income purposes you would have to then declare yourself as a business here in Spain. For the purpose of being a non resident and a home owner here in Spain. The government tax non residents on the assumption that they will rent their property out. '

This seems to indicate that we're in the clear to rent out, but I'm still not sure about the the phrase 'if you are going to start to declare your property for rental income purposes'. I will seek further clarification.

Kevin




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13 Aug 2008 1:37 AM by J&N Star rating in Nottinghamshire. 342 forum posts Send private message

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This article may give a bit more infor plus the rental section on the main forum if you can get past all the postings that are actually for lets. My understanding is that you should only ever do a long term let for a maximum of 11 months.

http://www.spanishpropertyinsight.com/doctor/070916.htm

and I think for anyone seriously thinking of renting out and wanting to do it right - check with your lawyer.

Excuse the intrusion onto your forum, although we are in Terreros now we were originally buying on San Cayetano - love the properties and think when the site is fully finished it will be really good - it just didn't fit our timescales in the end.




_______________________

Jacqui

http://relocatetospain.blogspot.com our adventure from deciding to move to Spain to being here and moving back to the UK.


 



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19 Aug 2008 10:36 AM by kevinstones Star rating in Yorkshire. 57 forum posts Send private message

Mo,

Here is the clarification from my solicitor:

'Legally speaking, if you are renting out your property a rental income tax worth 24% of the rent has
to be declared and paid every quarter. However, not everybody declare this tax so this would be upon your prerogative. If you own several
apartments here in Spain and this is one of the main source of your income, then it would be advisable to declare the tax. But if you only
own one property here in Spain and letting out this property to a person you know then the decision should be yours whether to declare the tax or
not as most of the owners do not declare this tax .'

So that's that sorted then!

Kevin


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