In the Canaries, as the tourism sector
rose, so it did the leasing of villas as an alternative to
apartment and hotel holidays. Many tourists choose to rent
a villa so they can "feel more at home".
The Canary Islands Government
is aware of the huge amount of money this generates for
the foreign market.
Many villa owners, who in most
of these cases are non resident owners, rent villas from
the UK mainly, through different means:
1. They can rent
the properties directly from their countries.
2. Or through travel agencies which attract
potential tenants.
3. Or through web sites (there are lots
of villas for rent in the Internet)
4. Or through foreign press or specialized
magazines.
However, many of the incomes generated
in this business sector, which is currently going through
some economic problems (there are lots of villas in the
Canaries market), are not paying any kind of tax at all,
nor to the Spanish Government nor to any foreign Public
Treasury (mainly British and German). On this matter it
is necessary to explain that there is a tax information
exchange between the EU countries. It is commonly believed
that taxes are paid by non resident owners in their own
countries. But that is a serious mistake as the property
is in the Spanish territory, and although the owners are
non resident individuals, they are subject to tax payment
within this territory.
Let's analyze the taxes these
owners have to pay, so they can be considered completely
legal with regard to tax payment:
REGISTRATION
WITH THE TAX AUTHORITIES. All kind of business
to be developed within the limits of this territory have
to be registered with the Spanish tax authorities.
PROPERTY
TRANSFER TAX. A villa may be acquired by a physical
person or a company. When acquiring a property in Spain,
the property transfer tax needs to be paid; no matter if
the buyer is a physical person or a company.
IGIC
(Local VAT). Very few villa owners who are leasing
their properties remember to make the quarterly payments
of local VAT.
IRPF
(Personal Income Tax). Many non-resident owners
who have acquired their properties as individuals "forget"
to make the quarterly payments of this tax, which is payable
on the generated incomes; they also seem to forget the annual
Capital Gains Tax.
CORPORATION
TAX. Lots of companies which are owners of villas
use to "forget" to pay the annual corporation tax, as well
as to deposit their annual accounts in the trade registry.
It is because all these reasons
that tax inspections are being intensified. It is extremely
easy to find out in this kind of business (by simple inquires
on the Web, Land register, notaries public, water and electricity
bills, etc...) that many owners are "forgetting"
to pay their taxes in Spain. It is because of that that
our best advice is to review your tax situation in order
to avoid unpleasant surprises which imply serious economic
consequences.