Given the numerous enquiries and questions received in respect of Decree 113/2015, of May 22, which approved the regulation of holiday homes in the Autonomous Community of the Canary Islands (BOC No. 101 of 05/28/2015), the Canarian Tax Authorities have announced on their website that a vivienda vacacional rental (defined as a temporary holiday let to someone in exchange for money and which has been advertised in tourism-related channels) is an activity subject to, and not exempt from, Canarian Indirect General Tax (IGIC). Continue reading “TAXATION OF VIVIENDA VACACIONAL (PRIVATE HOLIDAY RENTAL) PROPERTIES”
Today I am going to explain the mistakes commonly made by landlords when reclaiming rent arrears themselves, i.e. without a lawyer or legal clerk, since the law allows this whatever the debt might be. Read the following carefully and, of course, take steps to avoid repeating them. Continue reading “7 FREQUENT MISTAKES MADE WHEN RECLAIMING RENT ARREARS”
The Spanish budget for 2018 was meant to have been approved in September 2017, but due to political instability in Spain and the lack of sufficient support to pass the budget, it had to be postponed. With no 2018 budget confirmed at the start of the year, the 2017 budget was automatically extended until the new one could be approved. Continue reading “SUMMARY OF THE MEASURES WHICH MAY AFFECT RESIDENTS OF SPAIN”
We highlight below some new measures brought in by Law 5/2018 in relation to the illegal occupation of dwellings.
Date the law becomes active
The 2ndof July 2018, twenty days after its publication in the «Boletín Oficial del Estado».
Continue reading “NEW LAW FOR EVICTION OF SQUATTERS”
When does joint responsibility applies for unpaid tax debts? Continue reading “ADVICE FOR NON RESIDENT SELLERS & TAX REPRESENTATIVES REF. CAPITAL GAINS TAX”
I am a Spanish lawyer based in South Tenerife, Canary Islands, Spain.
My law practice covers the following areas of the Spanish law: international law, litigation and disputes related to foreign investments, property and business law, inheritance and family matters. Continue reading “WELCOME”
THE FUNCTION OF THE PRESIDENT OF A COMMUNITY
The president must be an owner or the appointment will be null and void. A limited company can be appointed. The president is the person or body who represents the community externally, and its most important individual, such that the other members of the community especially the secretary and administrator, are required to carry out his/her administrative orders and instructions, though this does not empower him to dismiss anyone, nor to take legal action or file claims, sack employees and approve works, without approval of the community. Continue reading “COMMUNITY – Governing bodies and owner representation: Questions and answers (II)”
In this article we consider issues frequently of concern to new owners of a property in a building or complex subject to Horizontal Property rules and about which misunderstandings often cause problems with their new neighbours. Continue reading “COMMUNITY – Obligations of owners: Questions and answers (I) “
Once we have made the decision to buy a second home in Spain, we can consider the following issues:
If one of the owners dies, are the procedures difficult? How much tax will the heirs have to pay? There are often cases where the heirs don’t have the means to go through the legal procedures and pay the taxes in their own country, and then again in Spain … and so, what do we do?
We can make two suggestions:
fThe question is: Can I rent my apartment for weekly holiday lets in the Canaries?
Weekly rental via advertising (internet, press, estate and travel agencies, etc) is considered as a commercial rental or use other than residential, and this activity falls within the exclusive jurisdiction of the Canarian Government, for which reason it is regulated by regional legislation.
Before privately offering an apartment as touristic accommodation you must be aware that Canarian law imposes heavy financial penalties for this type of tourism operation when it is carried out illegally. Continue reading “HOLIDAY RENTALS”