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Soy... un hombre

Vivo en... Torremolinos

Me gusta... Anything that doesn't involve community issues

Trabajo de... Presidente de la Comunidad

Mi firma en el foro es...


"First get your facts; then you can distort them at your leisure"

Mark Twain




Roberto's latest forum comments

28 Sep 2016 17:44:

TEAR = Tribunal Económico Administrativo Regional: the authority that deals with these claims. I don't know about the law or any ruling in February (hopefully Maria can answer that), but I just read an article here that mentions these claims can take a year to process with TEAR - so I can believe that your solicitor did indeed start the legal proceedings before any such judgement was passed. In that case, I could understand him wanting to charge for the work he did do, even if it would now be superfluous. When did you receive the claim for additional tax?

Thread: property value law

24 Sep 2016 11:11:

Thanks John. "Very bad news", but only for the owners of such properties of course. I had a licence to operate as alojamientos turisticos (years ago now) when I owned and operated what was efectively a hostal, but with self catering studios. I had 3 floors of a four floor building. Another owner had the first floor, with four studios which he rented to tourists - but with no licence, and no accountability. Very bad news for me at the time!

The problem with the previously mentioned gentleman with 7 apartments is that they are not all together, although they are close (less than 1km), but who would know? Who would spot that he should register as a business? What's stopping him advertising just one of his properties for rent privately (with a new registration number), and then just letting the others "by word of mouth" when the official one is booked? 

Sure, in time the authorities may catch up with him, (especailly as he's probably not even declaring his income from the properties!) but the new law doesn't go far enough and in the short term is surely ineffective, since it's virtually impossible to police.

Thread: New law for private rentals in Andalucia

24 Sep 2016 10:19:

You're confusing taxation and social security. If you are fiscally resident (basically, but not definitively, living in Spain more than 183 days a year) then all your worldwide income "goes through the Spanish tax system" whether you like it or not. Chances are you'll be paying more tax than you were as a UK resident, but that's another issue - if you're living full time in Spain, it's not a choice. However, simply paying tax here does not entitle you to free healthcare. Registering as autonomo may, as Mariedav says, be a costly option, and I think it would involve registering an economic entity as well - you cannot simply claim to be self-employed but without any actual business activity. 

Thread: Healthcare clarification as a resident

24 Sep 2016 10:04:

Good point, but I think it refers to those with more than 2 properties in the same location, i.e. the same complex or community. Perhaps Maria can confirm this or give us her interpretation?

If the new law does in fact exclude him because he owns more than 2 properties which he rents out, then that's a fantastic loophole, isn't it? Because I'm not aware of any effective law forcing him to register his properties as a business and aquire the relevant licence. 

Thread: New law for private rentals in Andalucia

23 Sep 2016 11:02:

...which is of course exactly what the hotel lobby wanted. There was a feature in one of the English rags (Sur I think) about this also, and it mentioned that many owners are simply throwing the towel in and putting their properties up for sale. One Brit in particular was mentioned, in Torremolinos, with seven properties, all now for sale (I think I know who it is!) Clearly, this is yet another blow for the property market, which is already flooded with an oversupply of homes for sale. Nice one, Spain!

Thread: New law for private rentals in Andalucia


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