The situation of housing in Spain has become the topic of maximum concern for both citizens and politicians. For this reason, the Tax Agency is taking special attention to the taxation of those homes that do not have a habitual residence use.
Although having more than one property can mean advantages, such as obtaining extra income through rent or enjoying them during holidays, it also implies tax obligations that should not be ignored. Not fulfilling these obligations, mainly the Declaration in the IRPF, can lead to sanctions for their owners, according to the taxation experts of TaxDown.
What is a habitual home. As much as you visit it every weekend, for a house to be considered habitual housing, a series of requirements must meet and, as expected, a person cannot have two usual homes, although the owner can change the habitual housing provided that his change is justified for work, conjugal reasons or for greater cause (disability, natural disaster, etc.). According to what the Tax Agency explains, the main residence must comply with:
- That constitutes the taxpayer’s residence during a continued period of at least three years.
- That the taxpayer inhabits it effectively and permanently, within a period not exceeding twelve months from the date of acquisition or termination of the works.
As highlighted in the portal iAhorro, Any house not dedicated to the use of habitual residence of its owner, is likely to become a second home for fiscal purposes, it will not apply the tax exceptions that the owner can apply in his habitual residence.
If it is not habitual housing, it is heritage. According to article 85 of the Spanish fiscal legislation, these properties must be included in the income statement, regardless of whether they are rented, they are inhabited for short periods of time (holidays or weekends) or are empty.
According to what was published by The independentif the second residence is rented, the yields obtained by this lease must be declared as real estate capital yields and the corresponding deductions or taxation will be applied. In the event that the house is empty and used only a few days a year, it must also be declared as “properties not involved in economic activities” indicating its use as a empty. In that case, the Treasury then imputes a value of 2% of the cadastral value, or 1.1% if the value has been reviewed in the last ten years.
If it is not declared correctly, there is sanction. As in any other case, not correctly declare the second residence can be considered tax evasion and, therefore, implies a sanction. According to the Income Tax Law of natural persons, sanctions may vary depending on the severity of the infraction.
As explained by the director of the Cabinet of Studies of the Spanish Association of Fiscal Advisors, Arturo Jiménez, explains to Verifartve, if the amount not declared does not exceed 3,000 euros, the fine will be 50% of the quantity, with a maximum of 1,500 euros. On the other hand, if the unpleasant amount exceeds that amount and there is concealment, the fine can ascend between 50% and 100%.
In very serious cases, where fraudulent media and corporate infrastructure have been used to hide that assets, fines can reach up to 100% and 150% of the amount not declared. These sanctions seek to ensure that tax obligations are fulfilled and avoid tax evasion. In addition, to all these sanctions interests of delay can be applied.
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Imagen | Unsplash (Niels Baars)
