That does seem to be a problem to be honest Spanish seem to assume things and yes I know their country their rules and I don't doubt your advise re gestor. I was always told not to assume as it tends to make an Ass of you and me. You may be non resident but you still own your house if you want to let someone use it rent free so what? They allready charge us imputed rental tax . If you do make money then declare it like many tbings not simple in Spain

Yes sorry that was what I meant by receipts to show you were out of Spain. I would also think you would need some sort of formal agrrement drawn up if even just to cover you for damages etc.

However, the law states 183 days in a calendar year, these do NOT have to be consecutive, so, unless you can prove you were not in Spain on each and everyone of those days, you still COULD have problems, in a worse case scenario. I very much doubt it would come to that, but you see what possible problems there might be.

Yes I can see if they were to go the extreme as you say, would for instance some type of receipt for each individual day work, unreasonable to me though. I suppose reasonably one would expect to be believed that may be the case or may not. I suppose how could any of us prove we are not there more than 183 days should they question it. As you say ther could be problems but may not be suppose down to ensuring you do comply with law and see what happens. I must admit to being the sort of person where my home is my castle and within the law and consideration of neighbours I should be able to live in it and use it as I see fit without undue interference from the authorities. So far that has worked for me Spain and Uk.

Thank you everybody for your comments.

Can I enquire again if anybody has any knowledge about anybody they know or who they have heard of that has had their water and electricity checked to see if they are in their house over 183 days a year? Would be interesting to know this.. Thank you...

My Wife(who's Spanish) says not to worry about the gas and electric as it's just not something they can usually check, you personally would need to be getting actively investigated by them which is highly unlikely, they can't as a matter of course check peoples utility usage...remember though, I'm just the messenger, don't shoot me please

Richie I am sure your wife is correct not feasible or cost effective for them to do any other. I think it may be the case that some expat has been investigated and it has then been miss represented as common practice.

NEXT

It's a known fact that the Hacienda ARE checking utility bills as a way of finding out who's paying tax.
MeMe-your photos may well show the date, but that won't be taken as proof as dates can be easily altered on a camera!

I can see them cheking useage if say they are contacted by a neighbour who says you are renting on a regular basis or full time. To just monitor every non resident property ? Come on. If thats the case why do after I have stayed get an estimado bill for the proceding bill the same as the one when I was staying? Because they have assumed and not checked. You say it is a known fact? Known by who or is it speculation. Anyway so I use my house for 182 days. I let my sister then use for a month? Then a frend 2 weeks etc etc all rent free of course utilities are used and paid, how does that show I am either there or running a business, it may raise suspicion which may cause them to monitor I agree, but I could account for it have done nothing wrong . You make it sound like we should all live in Spain in fear of everything and everyone.

Ok then if we are going to extremes, why not take a photo of yourself holding the daily newspaper with a landmark in the background and showing the registration number of the local bus service,and standing next to a policeman and if possible the local mayor and his mother.

And if the worst comes to the worst, you can always cut your own ear off and send it to inspector hacienda, and then they will be able to see that you are in Portugal by the post mark.

Simples

Loose lips and all that....................

Walls have ears..............................

The poor person starting this thread wanted a bit of simple advice which they got. Then this fiasco started where it seems like to live in Spain is akin to being in the series Allo Allo with the Gestapo around every corner. It may seem a strange thing but some people actually tell the truth and just live a normal life without diidlieng anybody. I am in Spain 2 weeks staying for 7 weeks now I won't sleep at nights wondering where the bugs are and who's watching me. Or I could just be normal and enjoy my break I think I will chose the latter.