New law for private rentals in Andalucia

The way I understand it is that the three months are a deadline to Register If you are going to rent immediately or MORE importantly if you are going to advertise your property for rent at a later date in the Summer. To advertise your property you will need to display the ATR code that is generated by registration.

You can apply here online with or without a digital signature

I agree. 

Another informative article...

http://www.spanishpropertyinsight.com/2016/02/10/andalusias-holiday-rental-decree/?utm_source=Spanish+Property+Insight+News+Bulletin&utm_campaign=3e5af63a5a-SPI_NB_2304144_23_2014&utm_medium=email&utm_term=0_5c1bbc37e8-3e5af63a5a-137954973

Hi,

Here is another thread. I have found it to be the most informative so far (ie I can understand it!) and it does give the info on how to find the form and where to send it and when - but it has also raised some other questions for me. 

http://www.surinenglish.com/20160212/news/costasol-malaga/tourism-properties-register-them-201602121112.html

Item 6. This says tax is payable annually.

However, Regarding non-resident tax Advoco says 

Real rent is to be declared each and every time it is received (form 210) or quarterly (form 215). Deadline is 20 days after quarter end for a form 215 and a month after the receipt of the rent (or when it is due to be received) for a form 210.

Property not rented out attracts income tax on a notional or imputed rent for a calendar year and is reported on a form 210. Deadline for submission is the end of the year following the tax year.

???????

p.s John - I am trying so hard not to be spoon-fed - but all this contradictory info is choking me :) 

This message was last edited by randolph on 13/02/2016.

This message was last edited by randolph on 13/02/2016.

Randolph.

As you probably realise, the info by Advoco, has nothing to do with the new regulations which this thread discusses. It relates to the tax on rental income and the imputed tax on a property owned by a non tax resident.

This message was last edited by johnzx on 13/02/2016.

Hi again John,

Yes, I realise that - but the Sur in English deals with the  requirements of registration ( which this thread does discuss)  - and it says tax on rental income is payable annually which is different from how non-residents pay tax now. I put in the quote from Advoco to explain what the situation is at present. They do it so much better than I could.

I think you will find that rental income is taxed annually for those who are tax resident.  Advoco explains the situation for non-tax residents. That situation has not changed with the new regulations.

Newspapers often do not give the full story.

Oh! I see now.

I'm on a really steep learning curve here. Not quite ready for a knife and fork eh?

p.s Dare I mention that I have just discovered that our Habitaion Certificate has expired and needs to be renewd???

Thanks Ad best post on this subject yet.

This is going to have a massive effect on the economy, communitys will suffer as a result of owners having no income to help meet ownership costs ,cleaners and managers of holiday lets, local restaurants as visitors paying double for hotel rooms over an apartment or a villa per person will not be able to afford to eat out as much, air con engineers as they will not have as many breakdowns to service ,car rental firms the list goes on and on.

10s of millions of pounds will be lost to Andalucias tourism people will holiday elsewhere becaiuse Hotels are too expensive for young families particulary with the increase in flight costs etc.

Spain just does not seem to want to help anyone from outside.

They are all just a bunch of Loonies and must wake up each day thinking how can we further ruin things for others.

Ads: "Another informative article.."

Rod: "Thanks Ad best post on this subject yet."

I did try to subtly point peeps in that direction on the other thread on this topic by mentioning a rival site that gives insight into all matters to do with Spanish property! Don't know about these days, but there was a time when any direct link to it got taken out by the moderator/owner of EOS. 

Randolph: 1)I would imagine very few others here were aware of how to / have been declaring their income correctly. 2) Where did you get the information that your Habitation Certificate has expired and needs to be renewd from? As far as I know, this is a one-time issued certificate when the construction of a building is completed. I've never heard of it expiring or being renewed.

Maria: I asked previously about the Habitation Licence, and whether older properties, say, built in the 60s, would even have one. Do you know the answer to this? 

Hi Roberto :)

Here's a couple

http://www.vivespons.com/useful-information/architecture/habitation-certificate.aspx

http://www.onthepulse.es/property/what-habitation-certificate-and-why-it-so-important

I have trawled every site going - too may to list here.  ( John would be proud of me!) 

See why I want to take a year off to get myself into gear?

This message was last edited by randolph on 13/02/2016.

Hi Roberto and Randolph,

Does this thread content and detailed discussion with Maria back in January help to provide an answer and background explanation re Habitation Licence? .....

See thread titled Cedula Habitabilidad

http://www.eyeonspain.com/forums/posts-long-19554.aspx

Aaaagh!

Thanks Ads ( I think). I find this whole thing a minfeield! Don't know whether to find your link reassuring or not........time will tell.

But thanks anyway :)

Randolph,

There is no need to renew your habitation licence unless you are selling your property. Yes, they are only valid 5 years (used to be 10) but they don't need renewing. 

Hi Marie,

Thanks, but sorry to say it is a requirement if you want to rent out your property to tourists! 

:(

..............or to even live there ( if you read the small print).

Methinks the hotel lobby are winning the battle. 

Maria has just written a legal tip on this

http://www.eyeonspain.com/blogs/costaluz/15840/legal-tip-1363-new-regulations-on-property-rentals-in-andalucia.aspx

Another question for Maria, however, are the Town Halls responding to this by timely issuance of licences where planning legality is not an issue, but owners were denied licence at point of purchase for whatever reason, or will they be left in "legal limbo" awaiting outstanding works to be completed on their developments?

p.s. This is a minefield I agree, but if ever there was a case to prove why mandatory Notarial checks and property registration should be in place at point of property transference to ensure no illegalities exist and to promote safety and trust for legal transactions, then this is it I'm afraid (not to mention prevention of illegal mortgages)!

This message was last edited by ads on 14/02/2016.

This message was last edited by ads on 14/02/2016.

All this ‘panic’ re the new regs,    but then it was the same when the 720 declaration was introduced a couple pf years ago, and I understand that less than 5% of those who should  have made a declaration did.  Maybe thish will be the same.

My son lets a property but to people he knows so no advertising,.  According to the wording of the regs, and Maria’s understanding, as he does not advertise he will not have to register.

My son lets a property but to people he knows so no advertising,.  According to the wording of the regs, and Maria’s understanding, as he does not advertise he will not have to register.

John, advertising has no bearing on whether you need to register - advertising a non registered property will just get you caught quicker. Not advertising a property does not appear on the list of exemptions, what does appear as an exemption is if you rent or let for no cost - which you've told us several times is what your son does

Here is the actual Decree -  not opinion or analysis. It should of been posted a lot sooner, in Spanish of course but I'm sure most will have a translator browser add on.

http://www.juntadeandalucia.es/boja/2016/28/6

Hi Roberto,

http://www.spanishsolicitors.com/cedula-de-habitabilidad/

This is worth a gander