Andalucia gets tough on holiday rentals

Over the last few days the Junta de Andalucia has signalled new legislation that will have a massive effect on owners of Spanish property who rent it out.

The legislation, which is technically an update of legislation from 2010, Decree 194/2010 on Tourist Apartments, will oblige property owners to register their rental activity with the Junta de Andalucia within three months of publication of the new legislation, which is expected to be made in May.

Big fines are proposed for property owners who contravene the new legislation, up to 150,000 Euros for serious offences.

The authorities are expected to target local real estate agencies and internet portals through which a high proportion of Spanish rental bookings are made. It is not clear how the new legislation will affect websites such as Airbnb who have no physical presence in Spain, however any property whose actual address is published on the internet is open to investigation.

There is currently a rise in demand for Spanish holiday rental property, for instance from certain markets such as Russian clients who have are moving away from destinations such as Turkey because of the political outfall from the war in Syria, and Egypt because of terrorist attacks on Russian citizens.

Spain is a safe go-to tourist destination in times of global turmoil and the Spanish Authorities realise that now more than ever, they are missing out on massive amounts of revenue because most property owners are not declaring their rental income.  Forcing property owners to register is likely to be a very effective way of ensuring that they pay tax on their income.

Properties can be registered in the Registro de Turismo de Andalucia on the Junta de Andalucia website at the following link: https://ws072.juntadeandalucia.es/ofvirtual/auth/autnocertjs .

If you are the owner of a property in Andalucia and would like further details in English on the legislation and requirements for the properties to be rented out, then a recommended website is Rental Tonic at www.rentaltonic.com .

If you would like any assistance in the preparation and filing of your rental tax returns then please visit our website at www.spainaccountants.com or contact us at info@spainaccountants.com .