In the last few months, many queries from clients interested in starting a holiday property rentals, for tourist accommodation, have arrived in our office. Everyone has the same question: What should I do to regularize the activity and have everything according to the regulations?
When a client with this need turns to Pérez Parras Economists & Lawyers, the first thing we do is to determine if that house may be classified as a holiday rental accommodation in accordance with Royal Decree 28/2016. In addition, we inform you of the requirements that the apartment must meet, such as: license of occupation, first aid kit and coolant system, among others. Likewise, we inform you that, since May 11, 2016, it is mandatory to register the accommodation in the Registry of Tourism of Andalusia, registration in online police platform for guesthouses, and maintain records of guests.
Once informed, our clients are surprised when we warn them that this activity is subject to tax obligations, especially in the case of non-residents, since they are required to report quarterly the income obtained and the expenses they have had to undertake to be able to rent their apartment, for example water, electricity, bill of the accountant or the agency responsible for carrying out the check-in and check-out of guests, etc.
For the periods that the property is not occupied, the owner has the obligation to declare the imputed rent, which is another tax model that is submitted in this case once a year.
The Tax Agency is paying specific attention to the need of fulfilment of this obligation and, one of its objectives for this year, trying thus to avoid tax fraud, is to verify that this income is being declared.
The most common platforms for renting holiday properties such as: Airbnb, Booking, Homeaway, etc, have the obligation to send the billing information to the Spanish Tax Agency, not being the same, in terms of sanctions, regularizing the situation voluntarily as being required by the Tax Agency to provide these data.
Therefore, if you find yourself in this situation and want us to help you, do not hesitate to consult us and we will study your case carefully.