Letting to friends and family - Page 3

I have stated the legal position. If people choose to ignore the law that is their choice, but people need to make an informed choice, knowing that illegal letting invalidates their house insurance and they can be fined. 

What you have stated is complete rubbish and has no legal or tax basis. You seem to enjoy scaremongering and calling it facts.

Bee

The tax situation is as I have said. Tax in Spain on rental income is 24% of gross if you are a non-EU resident. Fact.  Normal house insurance does not cover people renting the property, you need a different type of insurance. Fact.  And people do get fined for illegal holiday letting. Fact. Like I said your choice, but nothing I have said is scaremongering.

Davebev1 the original topic was about letting family and friends use your apartment in Spain. Which is completely legal and doesn't require any kind of licence.   According to your posts If the guest leaves a bottle of wine, a box of chocolates or a €50 note as a thank you suddenly they have made criminals and tax dodgers out of the home owners and invalidated their house insurance.  The Spanish taxman has always taxed non- resident homeowners who don't rent their property on a notional rental amount of 1.1 or 2% of the cadastral value of their property as income tax. Don't confuse us or lump us in  with those using their property to generate annual income on a for profit basis.  

Bee

I am not confusing anyone with anyone.  I have given the facts, if you don't like them then speak to the people who make the laws rather than shooting the messenger.  We all pay non-residents' tax, I am fully aware of the rules regarding that.  Yes, the topic is letting friends and family use the property - if you let/rent/receive payment for use of the property then it requires a Tourist License, even if renting at 'mates rates'.  Friends, family or anyone else can use your property for free.  I don't make the laws, I am simply explaining the legal position, which answers the original question.

If your sister gives you 100 pounds in England to cover expenses how would anyone know ( as a very irregular thing)

Chances are no one would, but that is not the point.  The correct answer to the question asked in the original post is legally your friends and family can only use a property entirely free of charge unless the property holds a TL and you follow the required procedures.  As I have said, if people wish to not follow the legal position that is their choice, but they also need to be aware of the fact that they have chosen to ignore the rules and that there are potential consequences.  Like I said, don't shoot the messenger, someone asked a question and I gave the legally correct answer; why stating the legal position should cause people to get argumentative about the correct answer is beyond me - I don't make the laws, I can't change the laws, and frankly whether you or I like the laws is irrelevant.

Davebev1 has given excellent advise with true facts. Anyone can circumnavigate the rules if they try hard enough.......

Steve 

Reading this exchange as a casual observer, it appears that the main crux of the argument revolves around the gap between what the law says & what actually happens.

Both main protagonists are broadly correct in their respective positions & it really doesn't feel like a sufficiently worthy hill for either party to die on (no Easter pun intended.)

Relax, guys.

I tend to agree. Reality & applied common-sense covers both sides. V