In recent weeks there has been a lot - a lot - about vacation rental flats. A formula that has spread thanks, in part, to platforms like AirBnb. Then, to top it off, another related debate has spread: that of tourismophobia.
Because tourists invade cities like Barcelona and apartments where they have to live with the natives. The drunkenness, the ups and downs, the dirt and in general, the disrespect, have caused many citizens to stand against this rental formula. Express and profitable: much more than residential rental.
To all this we must add another important question. The role of the State. And it is that in recent times, with the will to collect every last cent that we obtain, the government has proposed to track those who rent through the networks and who also do so in black. Because the benefits obtained through Airbnb must be taxed.
But, is it or isn't it legal to rent your flat or house through Airbnb? And those who stay in these houses, are they complying with the law? Keep reading to find out.
I want to rent my house through Airbnb. Is this legal?
There are people who do it to get extra money. Others engage in it purely to speculate. They actually manage different properties and rent them out to tourists looking for accommodation in big cities or in busy tourist destinations.
Airbnb was born as a collaborative platform. It allows users who are going to leave their home alone - either because it is a second residence or because they will be away for a while - to rent it for a few days or a few weeks to someone who comes from abroad. And also looking for an alternative way to stay.
It has been in operation since 2008 and is available in more than 191 countries. Among them Spain. To find out if renting your apartment or house through Airbnb is legal, you must consult the urban and administrative regulations of your city. Because in many cases, to be able to house people in your house in exchange for money, you have to have some kind of permission. And have it before starting to advertise the apartment and receive reservations.
It goes without saying that if your apartment is for rent and you rent it to someone else through Airbnb, you may be in breach of the contract. Because surely you do not have the right to lease rooms. And even if the apartment or house is your property: you may not have permission to do so either, without the agreement of the entity that granted you the mortgage.
This in theory. And in practice, what happens in Spain?
It may be that in some countries you can rent your flat or your house, if you have the necessary permission. But in Spain there is a mess of laws that cause great uncertainty in this regard. The government said that the autonomous communities would have to be in charge of regulating it . So everything will depend on where you live.
If you live in Valencia or Aragon, you will have the possibility to rent your house. But you will have to have the registered home . In Catalonia, a place where the controversy has recently been forged, you also have to have a license. The problem is that Barcelona, for example, has not granted licenses since 2014.
In the Balearic Islands, vacation rentals in neighboring communities are not allowed . Thus, it is only possible to do so if the house in question is isolated. The same thing happens in the Canary Islands, because the community government does not allow you to rent in tourist areas. It is about preserving, in some way, the business of the hoteliers. That enough the taxi drivers have suffered.
In Madrid, for example, the city council is negotiating with Airbnb and other similar platforms to regulate this boom . And it wants to do this by imposing a tourist rental rate and limiting the number of days these homes can be rented.
Then you have to pay
Tourist rentals also have to be taxed . If you plan to do things legally, you will have to declare the income you receive from the rental of your apartment or apartments on your income statement. This money is considered by the Treasury as earnings. So you have to pay companies.
If we had a regular rental, we would have to declare personal income tax. Well, with this more of the same. In addition, if we rent our home frequently or if we own several, our autonomous community forces us to register as a company.
And the guests? Well, in that case, they won't have to do anything. Because it will be as if they were staying in a hotel, an apartment or a rural house. Of course, in case you need an invoice, you will have to ask the owner for it. If he has registered as an entrepreneur, he should be able to issue it without problems.
What if I play Swedish?
Well, be very careful. Because the Tax Agency has strengthened surveillance in this regard . For some time now, this body has put all the meat on the grill to control what people do with their floors. And what is worse: what things sell through the networks.
It may, in fact, that if you sold your grandmother's dresser through Wallapop as antiquity from the last century, you should also report the earnings. Especially if what you have sold, whatever it is, exceeds the value that that object had in the market . This is: if you have made a profit from the transaction.
In the case of rentals, more of the same happens. The Tax Agency is working hard to control the advertisements that are published on the networks. And they do it in a computerized way, crossing the data of the homes that are offered on pages such as Airbnb and real estate portals , with the information they have at their fingertips. This includes the data on our properties and finally, the documents they have on the consumption of electricity or water in the homes.
Hence, it is absolutely advisable to indicate our rental benefits when making our annual income tax return.
So, before renting your home through Airbnb ...
- Go to the town hall of your city or municipality and check what the regulations are. Most likely, you will have to request some kind of permission. Or even pay some tax.
- If your home is mortgaged , check the conditions of the contract well. You may not be able to rent your home if the entity that granted you the mortgage has not given you permission.
- If you are renting, do not lease your house . Chances are, you will end up getting into some serious trouble. It is completely illegal.
- If you finally rent your home, make sure that you later pay taxes on your earnings as a return on real estate capital . If the Tax Agency finds out that you are doing it in the black, you can also get in trouble. And face hefty fines.