Regulations to the Spanish holiday rental market (II)

Factors to consider before registering your Spanish property

Our law firm in Marbella, Arcos & Lamers Asociados, has the pleasure to line you out some additional notes concerning the registration of your holiday rental home in Andalucía due to the large number of inquiries that we already have received.

Owners of a property in Andalucía should take into account a number of factors prior making the decision to register your property at the Registry of Tourism of Andalusia.

In addition to the requirements that all properties must have see previouse post, the factors to consider are:

1. The property must have available the License of Fist Occupation.

It is an indispensable requirement to register the property that the same must have First Occupation License. For more information see:

http://www.arcos-lamersasociados.com/1776/license-of-first-occupation-in-spain/

2. Inspection of property.

Please note that once the property has been registered, the competent authorities will conduct a property inspection to check that the property meets all the requirements, this inspection will take place in approximately 15 days.

3. – Entry Form of travellers.

It is established the obligation of registering every guest in an Entry Form of travellers, It must be done for all people over 16 years that staying at the property.

If you do not have these Forms, you can get directly from the Web page of the BOE:

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2003-13865 . By contacting our law firm in Marbella you will assist you with this procedure.

4. Record Book.

In the same way, it is established the obligation of making a Record book with all the entries Forms of travellers, which will be organized consecutively and shall be kept for a period of three years.

5. Inform the police.

The information contained in these sheets – records must be reported to the police within 24 hours of the start of every traveller accommodation.

From Arcos and Lamers will inform you as how to complete this process.

6. – Tax to pay for the rent.

Non-resident individuals who own property in Spain, are required to pay income tax of non-residents, by the mere fact of being owners of the property in Spain, well if you also rent the property to a profit result should be taxed under this quarterly profit to 19% or 24% depending on the country where you are Tax Resident.

Do not hesitate to contact one of the accountants and tax advisers of our law firm in Marbella, Arcos & Lamers Asociados,  if you have any query of a legal or fiscal nature.

7. – If advertising is performed is not required to be registered.

The property registration in the Register of Tourism of Andalusia is not required when rent is made sporadically or if the renting is not marketed or promoted in tourism channels.

What is considered tourism channel?

Channels of touristic offers are travel agencies, companies who mediate or organize touristic services and those channels that allow booking the accommodation receiving funds money from the client.

These factors that I have explained, they can determine if it compensates you rent your property or otherwise you wish to keep it for your enjoyment.

Do not hesitate to contact our Spanish law firm in Marbella and our expert team of economists of Arcos & Lamers Asociados if you have any question regarding the new regulation of rents for tourism or you if you wish to register your property.

Cecilio Sánchez Lawyer in Marbella