Legal Holiday Rentals – Pulling it All Together

Several readers have contacted me to say that they are unsure about how all the different parts of the process to legally rent a holiday home fit together. This month I will give you all a summary of the key parts, so that you can see how the overall process works and why each part is important.

THE LEGAL PART

Register the property with the Tourist Board. This is when you apply for your code, which is your Tourist Board Registration number. If renting directly to the public or via more than one rental agency, then this must be done in your own name.

If renting via only one agent (who should be legally registered with their OWN code), then you ask the agent to register you under their code and you should ask for proof that this has been done AND get a copy of the official paper showing your property and its individual code.

THE GUEST INFO – This section has 2 parts and you can only register with the police once you have your Tourist Board code, as only legal holiday rentals can use the police online system.

  • First register your property with the National Police or Guardia Civil and obtain your passcodes to input guest data directly into the police database. Enter data for every guest over the age of 16 within 24 hours of arrival.
  • Keep a physical book of forms in the property, completed with guest info and signed by each guest. Keep these forms for 3 years, then discard.

There are several data collection apps available to make collecting guest data easier & quicker, but as yet they are not recognised by the law governing this part of the process, which dates back to 2003. 

Advice from the Guardia is to keep the file of completed paper forms in a folder until the time limit has passed. Feel free to use the apps just to streamline your check-in process if you prefer AS WELL as getting the guests to sign the forms.

THE FINANCIAL PART

You are obliged at the end of each quarter to declare your rental income and if renting via several agents or intermediaries then EACH AGENT will be asked to also submit a MODELO 179, with details of each guest who has stayed in the property, including entry date and the price charged for the booking. Your agent or accountant will ask you to provide this info at the end of each quarter and it is one of the reasons that the guest info, which can easily be collected at the time of booking, should  be collected.

Again, if using multiple booking agents or websites then each one should ask you for this information as they will have to declare to the Spanish Tax authorities exactly what you have earned for each booking and also provide the guest details.

Whilst it may sound complicated, it is really just common sense that you should be:

  • Legally renting to protect yourself if things go wrong.
  • Keeping a log of who you allow to stay in your property
  • Declaring your earnings to the taxman!

I hope that this summary of the process makes it clearer to you all and as ever, if you need help with any part of the above processes, then please do call or get in touch using the details below.

Liz Edmiston

Murcia Solutions offering Tourist Board Licenses, Guardía Civil Registration and a full range of relocation/translation services to clients across the Murcia Region.

Liz + 34 662 556 433

liz@murciasolutions.com for more information or visit the website www.murciasolutions.com to view the full range of services.