New tourist rental law finalised

Information and questions about the Law in Spain and Andalucia.
daveandfleur
Newbie
Posts: 2
Joined: Sun Jun 19, 2016 9:45 am
Location: uk

Re: New tourist rental law finalised

Postby daveandfleur » Thu Jun 23, 2016 9:17 pm

We are new to the forum and are currently looking to comply with the new rules. We have always declared for tax and the rest looks easy to achieve. The stumbling block as ever is the LFO. The town hall tell me no LFO exists on our 40 year old block. It seems most of the town is too old to have LFOs. They (town hall) say we can get a certificate from an architect which will suffice. I contacted a few local architects, none of whom seemed to know what was needed. Spain-holiday tell me the town hall are wrong and the junta will not accept anything from an architect, it has to come from the town hall. All that they (spain-holiday) say is needed is a 'substitute' for the LFO stating that no LFO exists, the date of build and that ibi records show occupation for a number of years. I have told the town hall this but no response. I:m trying to do all this by email from the UK but coming out in a couple of weeks time for 7 days hoping to sort it. The junta in Malaga don't appear to have an email address that gets to the right department. If we can apply for the licence without the LFO and sort it out when the inspectors show up then that is what we will do but others here have said it's the first thing they ask for.

There must be thousands in this position, I'm surprised the local media haven't run a story on this madness. That's probably the only way to get the insane requirement dropped. We want to comply with the rules, we run a good service and bring people many to the area but they are making it difficult for an irrelevant piece of paper. If I have to I will happily pay for the piece of paper but not paying out for something just to have it rejected.

Red Dragon
Andalucia.com Amigo
Posts: 37
Joined: Thu Nov 26, 2009 3:18 pm
Location: Benahavis non-resident

Re: New tourist rental law finalised

Postby Red Dragon » Mon Aug 08, 2016 1:42 pm

We have an apartment in Andalucía which we are renting long-term (2 years) for a nominal monthly amount to a friend who works in Spain. The utilities remain in our name although he pays us to cover the bills. Does this type of rental come under the new regulations as it's not a short term 'holiday or tourist' rental? I can't seem to find a clear answer to this. We have always paid the imputed income tax but how would I declare the full income? Modelo 210? We are non-resident in Spain. Thank you for any advice on how to comply.

ashtondav
Resident
Posts: 1321
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana

Re: New tourist rental law finalised

Postby ashtondav » Mon Aug 08, 2016 1:50 pm

No the law definitely does not apply to long term lets such as yours. Your need to submit tax via modelo 210 every calendar quarter. If the property is in joint names then split the income in two and submit a 210 for both yourself and your spouse.

You only pay imputed rent for the weeks the property is not let - so in your case zero.

NeilS
Tourist
Posts: 5
Joined: Mon Aug 24, 2015 1:22 pm

Re: New tourist rental law finalised

Postby NeilS » Wed Oct 12, 2016 5:36 pm

ashtondav wrote:One protagonist had been told by his letting agent the law will only be applied in towns where the population is over 20,000. Surely not!


I have also been advised that by my professional tax advisor (who is an accountant, but working in a law firm). He also said the new regulation only applied if you advertised on-line and took payments on-line. I am paying him for accurate, reliable advice, yet I have seen other "experts" contradict ALL of these points. What on earth can anyone believe!!!???

What I am sure of is that the new regulations do not apply to me as we are rural - but even then I cannot get clear guidance on exactly what the rural regulations are!!!!!

The whole approach to law in Spain is vague (some say deliberately so), confusing and ridiculous. I do not see how anyone can be confident that they do - or do not - comply......... I'd love to know if anyone has actually been inspected, let alone successfully been prosecuted yet.......?

El Cid
Andalucia Guru
Posts: 13460
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: New tourist rental law finalised

Postby El Cid » Wed Oct 12, 2016 7:12 pm

The approach to Spanish law is vague?

It's the approach that is vague, not the law. All Spanish laws are written down in excruciating detail and every little change is equally well documented. They are written in unconfusing language to the point that Google Translate makes them readable in English with about 99% accuracy.

The approach to the law by the so called professional advisors, and worse still, the actual government employees that you are faced with, is absolutely appalling. I have lost count of the times I have seen really bad examples of this and many of them are well documented on this forum.

It's particularly bad with anything that involves foreigners. Even the tax officers in the tax office seem to have no idea how to handle matters included in the UK/Spain tax treaty. Residency is another example. I recently heard of a case where someone wishing to "upgrade" their existing green form to reflect their right to permanent residency after 5 years was forced to go through the financial and healthcare proof again and also advised that it would need renewing every 5 years. Both cases are manifestly wrong and the relevant law is absolutely clear on both points. This was from the person in the main office in Granada handling the simple request.

I could go on, but my only advice is to use a Gestor who you are certain knows what he is doing (not easy) or check it out for yourself (very tedious).

Rant over!

Sid

ashtondav
Resident
Posts: 1321
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana

Re: New tourist rental law finalised

Postby ashtondav » Tue Jan 10, 2017 6:39 pm

Team espana are advertising that the new law only applies to villages and towns with a population over 20,000.

Is that correct?

El Cid
Andalucia Guru
Posts: 13460
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: New tourist rental law finalised

Postby El Cid » Tue Jan 10, 2017 7:34 pm

If it comes from an estate agent it is almost certainly a blatant lie.

Sid

ashtondav
Resident
Posts: 1321
Joined: Mon Feb 07, 2005 8:10 pm
Location: Northampton Frigiliana

Re: New tourist rental law finalised

Postby ashtondav » Wed Jan 11, 2017 2:05 pm

Hmmm. They rent out properties so I guess they will be prosecuted, then. Not heard anything yet and it was a busy summer.

elusive
Resident
Posts: 1006
Joined: Sat Apr 07, 2012 11:49 am
Location: frigiliana

Re: New tourist rental law finalised

Postby elusive » Wed Jan 11, 2017 8:27 pm

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

above is from the citizens advice website. Nothing in CABs summary about the 20k rule. sounds like urban myth B.S as ive read that a few times. Wouldnt believe a word any estate/rental agent says. With all the wide boy/girls working in them and all the other fiddling they do.that industry seems to know the least about what they claim to be experts in.


Return to “You & the Law in Spain”

Who is online

Users browsing this forum: No registered users and 7 guests