Article in Daily Mail 13 December regarding new rules in renting out property in spain

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22 Dec 2013 7:07 PM by Susanspain Star rating in Mijas, Malaga. 145 posts Send private message

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Our daughter bought a second/holiday home in Spain last year. She has just paid her first annual 'non-resident' tax on the property. The Economista (accountant) explained that the tax is based on the Catastral value of the house, and in turn there is part of this tax assuming she rents the property out. (Whether she does or not.) 

The accountant is keeping an eye on the new law that is in progress (as stated in the Daily Mail), but they will not commit to what changes are coming until they themselves know/ a Boletin (Law) has been passed.  They will then be able to advise daughter if any extra charges are going to be incurred. (She was considering renting, but now will not bother due to this extra tax/regulations.) 





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23 Dec 2013 8:29 AM by johnzx Star rating in Spain. 5242 posts Send private message

Windtalker

……………… there is one thing that they are very good at and that is administering and handing out fines and I am sure when they start handing out 15,000 euro fines for illegal letting it will soon put a stop to it ………………………

I do not agree. The laws in place now, if administered, would result in thousands (maybe hundreds of thousands)  of fines having been issued over many years.  Practically all private rentals and many agency rentals would have been fined if the Government had been efficient as you say.    In which case there would now be practically no such rentals.

On a similar line.  It has been estimated that only a very small percentage of those affected by the Declaration of Assets Law, which became effective in April this year actual made the return.  Those who did not, stand to be fined up to 150% of the assets not declared (a nice little earner !) but I have not seen anywhere that Hacienda have fined anyone.  Sorry, but efficient, I don’t think so.

 

NB   In saying this,  I am not an advocate of many of the existing laws, let alone the possible new laws which MAY be introduced. As usual Spain is shooting itself in the foot!





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30 Dec 2013 6:01 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Some legal info on rental houses and touristic apartments:

http://www.eyeonspain.com/spain-magazine/regulations-rentals.aspx

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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30 Dec 2013 6:12 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Regulations on legalities and licenses of Touristic apartments and Holiday Rentals and its corresponding fines already exist in Spain. These are regulated by regions.

Cataluña: Since 2012

Valencia: Since 2009

Andalucía: Since 2010

Basque Country: Since 2013

Asturias: Since 2003

Baleares: Since 2012

Galicia: Since 2011

Murcia: Since 2005

In most of the cases the solution is to make some adaptations and have the house registered as a tourist unit into the Regional Tourism Department. No big deal.

A different matter is if you were sold a touristic apartment as a residential unit, in this case, solution is more ellaborated from a legal point of view.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Jan 2014 2:50 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Some interesting views here - and some absurd ones, in particular this: "the result if effective will be devestating to many, and of all the knock on effects to agents, cleaners, community funds, energy companies etc etc people will not travel to Spain but go to other more financially accesible places" 

The same poster (in the same post) then sort of contradicts him/herself:
"Spain is a stupid ignorant country and getting worse by the day if it wasnt for the weather no one would go really"

Exactly. Until the govt. screws up the weather, people will of course keep holidaying in Spain as they have done for the past 50+ years - what do tourists know/care of Spanish govt. regulations? Ultimately the weather is the ONLY reason any of us live or buy property in Spain (if you wish to disgree and spout on about the culture/people/food etc., do it on another thread - fact is, if Spain had, say, Poland's climate, it would be no different from, say, Poland - which also has great culture, food, people etc but doesn't have millions of expat property owners). 

Back to the main point though, I'm slightly in two minds about the issue. On the one hand I'm slightly baffled why such legislation wasn't put into force  long ago, as I'm sure it exists (and is enforced) in most civilized countries already. After so many years of mass tourism, it seems a bit of a case of locking the stable door after the horse has bolted. I agree with whoever mentioned that those up in arms about it are almost certainly those who are renting without declaring the income or providing any semblance of a professional service to their clients. As someone who previously has owned and run a tourist accommodation business here, correctly licenced etc., I wonder why anyone thinks that they should have a basic right to do whatever they want with their property for profit. Any more than any old car owner should be entitled to rent their car out for profit to holiday makers with no legal form of regulation. That would be madness. Business is business, and should be treated as such. Renting your property out is a business. (Having said that, I also believe that over-regulation will stifle development) From a property owners' point of view, living in a community where an absentee landlord is free to advertise his apartment privately on the internet and take NO responsibility for his tennants' bad behaviour affecting other neighbours, I welcome the suggestion that any licence would require a 24 hour contact in place. And as a consumer, it surely makes sense too for anyone forking out their hard-earned, to have some kind of protection.

But on the other hand, I can't help agreeing with my friend: "As usual Spain is shooting itself in the foot!" The timing of this hitting the news is as cack-handed as it could possibly be. At a time when the property "market" is competely, utterly, screwed up, ANYTHING that could be deemed by a predatory press as a negative should surely be postponed until a more appropriate time? But then, we are talking about a government that thinks raising transfer tax will help boost their coffers!



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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