Buying apartment - Fees

A good and sensible post ads.

John you are getting confused. It may be the case that where a criminal offence is being committed the police have to prove it. But when it comes to the taxman, if he suspects anything he can slap an assessment on you and it’s up to you to prove otherwise.

We all realise you have attended the Spanish police station for nothing for over 20 years and will make a note of that.

Re an investigation by the Spanish taxman.

 Having been subjected to such, which ws conducted in a most friendly manner and resulted in an apology from them, I was speaking from experience. 

Ha! I also have personal experience, and I can hand on heart say that "taxman", "friendly" and "apology" are three words I would never use in the same sentence! After submitting personal tax returns for over 15 years (and paying my due taxes), I had to prove to the Spanish tax authorities that I was, in fact, a tax resident!! Actually, strictly speaking, I had to prove I wasn't a tax resident in my country of origin - even though I hadn't lived there immediately prior to moving to Spain. 

But I think perhaps this is a topic for another thread!

John appears to have been very supportive to those in need of assistance with translation services over the years which IMHO should be recognised and valued. In so doing respect has obviously been developed with the various authorities.... the sad aspect to me is that there aren’t more Johns to assist in this regard!

Or some might suggest it’s sad that trust in the system has broken down to such a degree that you have to depend on the Johns of this world to constantly assist against all manner of illogical challenges that occur in Spain. Hence my question to find a workable practical solution to minimise risk from the outset instead of after the event. 

Emelia

I just came upon this.  My interpretation is that if a property is not let as in the way a travel Agencia would, then one does not need to register.  

As I said I will check at police station and let know what they say.   But in the meanwhile :-    Article 3. Definition.(if there are a couple of lines with a black back ground, plz ignore I cannot delete it )

1. Homes for tourism purposes are those located in real estate located on land for residential use, where the accommodation service in the area of ​​the Autonomous Community of Andalusia will be offered by means of a price, on a regular basis and for tourism purposes.

2. It will be presumed that there is a usual and tourist purpose when the house is commercialized or promoted in tourist offer channels.

3. Tourist travel channels, travel agencies, companies that mediate or organize tourist services and channels that include the possibility of booking accommodation will be considered

John ** EDITED - Against forum rules **

You post

‘’Emila don’t give it a second thought  

You and your family using it as you have posted will be no problem whatsoever’’

Then you post 

‘’As I said I will check at police station and let know what they say.’’

I am sure the police have little time or interest if a property has a tourist licence. But the taxman’s interest on revenue evasion ‘’licence or not’’ may be significant. I remember the days of the UK VAT man sitting outside the fish shop counting how many bags of chips were sold in a day.

Whilst you are checking with the serious crime squad could you ask them how many people they have prosecuted for not having a tourist licence?

QUOTE “I am sure the police have little time or interest if a property has a tourist licence ......... “

It is the Guardia and the national police who ‘police’ the law on private rentals and to whom the details of guests must be supplied.  That is why it is they who should know the appropriate laws.   In the event of failure by owners to comply with the law I believe it they who would take any action required. 

I am not sure if they still do, but the details of hotel guests and renters of cars, etc certainly had to be supplied to the Guardia or national police, whichever policed the area where the business was located  Again I will check that to see of it still applies.   

PS   28th March.   I have just confirmed with the national police there is no requirement to register a property which Is not let  with the intention of making an income. Thus if use by friends and relatives etc. no registration, or other declaration etc  is required. 

Also   Hotels, hostals, car rental companies etc. notify the police by email of all guests, people who rent cars etc.

This message was last edited by johnzx on 28/03/2019.

Emelia:

Where is your property located?

I can anticipate you have nothing to declare-- use is clearly non touristic and will be the administration who would have to prove it is---- but I would like to refer you to the precise regulation, according to the area that property is located

M

My advice is to hire a spanish lawyer. I** EDITED - Against forum rules- advertising **