Manclass

I am non resident and rent my house out for approximately 6 months a year.

I've just been to see my abogado who always does my non residents tax,, I told him I rented my house last summer and wanted to declare and to pay the tax due.. He told me that there isn't anyway on this years 210 form that I can declare rental income without providing a NIE number for the person that is renting from me, when I told him it was people coming from the UK just staying for a week or a fortnight and they wouldn't have a NIE number he told me not worry about it.. I'm sure other people on the forum rent out holiday lets and pay tax, can you let me know how this is done?
Thank you in advance.

snikpoh

I don't know how my gestor does it but we always declare our rental income (from holiday lets) and none of them have NIE's as they are from everywhere and anywhere in the world.

Change your gestor they are clearly not working in your best interest.

Casa Santo Estevo

I don't rent out the whole property in one go, but on a room by room basis. However we get guests from all over the world and that does not matter for tax returns. That question never comes up.

snikpoh

... but it should! It must be declared (or so I was told).

HBG

Blimey, that was close.

A qualified abogado says there is no tax due, an unqualified gestor wants to pay it anyway, seems as bit shaky even by Spanish standards.

I just saw that it's the first of April in time.

snikpoh

... are you saying that 'Casa Santo Estevo' is a qualified abogado - if so, then I will have a chat with my 'accountant' and ask why I have to declare.

Casa Santo Estevo

You boys are getting your knickers all in a twist.

First of Manclass quotes his abogado, and soinpoh you have quoted your gestor I did too.

Sinkpoh you have somehow miss read my post I said that having a NIE of the guest does not affect my companies tax return. I was agreeing with you. Why in your post at 7:47 am change your stance?

Moving on to HGB's post, maybe they do not realise a gestor is qualified, well ours is to a high level and is a lawyer in her own right. It is hard to explain, but basically she can do some things an abogado
can also be employed for. He never said I was an abogado.

Going back to Manclass’s question I feel your abogado is not looking at the correct forms he is looking at the forms for long term rental. I would go back to him and showing him some the rental periods you have had last year, maybe a website of your listing. That may clear things up.

snikpoh

Yep, the posts have become muddled. My gestor is also an abogado (and I do know what they are!) and is often to be found working in court.

I haven't changed my stance, anyone deriving income from renting property, be it rooms, a holiday property or whatever, has to declare that income - I think we agree on this.

Yes your post was confusing, I agree that whether they have an NIE or not and where they hail from is irrelevant to the tax position.

Casa Santo Estevo

Confusing? I was saying no matter where the guest are from it is not relevant to a tax return for vacation lets. However we do write the guest ID number be it Passport or Indentity card on all the bills. As far as we are aware these are not seen by the tax office. It is not a question asked on a tax return.This is what Manclass was asking about.
Also my remark about a Gestor was made to HBG.

Manclass

My abogado showed me the 210 form, he said there was no section to complete regarding rentals unless a NIE number was provided, I seems its something to do with the new law coming in this year sometime preventing people from letting houses and apartments for less than 3 months, he more or less said forget about last years rentals because this year you will be prevented from doing it anyway. I have heard of this new law but was under the impression that it wasn't yet being enforced ...

snikpoh

Valencia (Castellon, Valencia and Alicante) have decided not to implement it at all so people in this communidad will not have to worry about this new rule.

When you have actual rent (rather than imputed rent) then this should be declared and paid quarterly at a rate of 24.75% (less any allowable expenses). I can't see the need for any NIE's at all and you certainly don't have to list the people who stayed.

guirijohn

Has your abogado tried leaving the NIE space blank? There is a space for the NIE of the taxpayer in his home country, but the instructions say that it must be entered only if you have one. There is no guidance on the tenant's NIE, but it might not be obligatory.


Preventing taxpayers from declaring income just because they do not know the tenant's NIE would be a bit daft. Tax offices are supposed to collect taxes.

amideislas

Apparently, the "illegalisation" of holiday lets is the result of then hotels' lobbying. The hotels are subject to a lot of rules and taxes that a private let can't easily be held to, and they don't want the competition. Besides private lets are becoming increasingly popular with tourists.

My understanding is that the local consell de turismos don't really want to enforce it because private lets are extremely popular, and they don't want to risk bad PR and scaring tourists off over it.

Casa Santo Estevo

So where are you based and which law is he quoting? There are laws around which measn you ahve to resgiser a vacation let. But that how and what is needed depends on the region. I read a bit about the supposed outlawing in the Daily Mail and the article was added to a thread on this forum. But all in all that is just bull.

Manclass

I live on the Granada Costa. I was told that the new law preventing holiday lets for less than three months is due to come into force in a couple of months.
if this is correct it will have an awful impact in this area especially to the bars and restaurant's, as people who want to come for a week or two and have to stay in a hotel will probably eat and drink in that hotel or go elsewhere for their holidays.