Q&A: Being legal in Tenerife
I frequently get asked questions by people who would like to be legal here but who find it all a minefield, or who just don’t know how to get hold of the information, or have received conflicting information. I’ve set up this page, therefore, for such questions to be asked openly and, as a result, to benefit readers generally, and for the questioner to benefit from the knowledge of contributors to my site, as well as from me directly.
Please feel free to ask any questions about anything to do with legality, whether property owners or not, and as wide an area as you like, whether paperwork, driving, dogs, whatever. I imagine that these questions will necessarily be specific, but please be careful to avoid giving too much personal or private information away. This is an open site, and a question posed without personal details will still get the necessary answers without making you vulnerable.
We own an apartment but dont rent it out.We only use it for family holidays.We have just found out that we should be paying property tax based on assumed rental income? Any further info appreciated.
Hi Peter, yes, there is a notional rental income tax, which assumes legal but undeclared rental income. This is something that should be paid as part of the process of submiitting your annual tax return, which is a requirement for foreign property owners here. It used to be the case that foreign property owners here were required by law to have a gestor/accountant/fiscal representative in order to do this. The requirement to have someone registered to look your affairs here has been lifted, but you are still required to submit a tax return. I hope this helps. There are more details on ongoing annual costs in the page HERE.
What happens if you receive a fine, either refuse to pay or don’t have the means to pay and then a charge is levied against the property? Does this just stay there then until such time that the property is sold? Basically we have no intentions of selling our place (even though I’d love to get rid of it due to all this and in any case nobody would buy now anyway!) and when we eventually leave this life it will be inherited by our offspring. Does this charge just stay on the property then until they decide whether they want to sell or not? If this is the case isn’t anyone who does receive a fine going to just let this happen and then it’ll eventually become somebody elses decision? Also it means the Government may be waiting a hell of a long time to collect all these fines! If so…..ha ha tough!
A fine will attract “legal interest”, whose rate I am unsure of but think it is around 6% or so. If a property is never sold but inherited on the death of the owner who was fined, inheritance tax would be payable before the property could be transferred. When it is transferred, it is treated like a sale, indeed the tax payable on a transfer is the same tax as that paid on a sale because a sale is, effectively, a transfer of title. Any fine would be payable at this point, along with interest, and along with transfer and inheritance taxes, before the property could be registered in your heirs’ names.
OK thanks for that. By that time Tenerife won’t have any tourism anyway and it will have become a desolate, barren shell. New holiday destinations are cropping up all the time which are already making Tenerife seem shabby in parts. It’ll end up like those old run down seaside resorts you get in the UK…..think Margate in the sun! Sorry to be so cynical by the way but that’s how this whole situation is making people feel.
Thanks Janet, can you recommend an accountant.Our apartment is in Golf del Sur.
You could use Diana McGlone (website HERE) – not an “accountant”, but an administrator who does accounts. Others might have their own recommendations too … if they do I’ll put them all together in one comment post.
I have moved a few questions from this page to THIS one specifically for Questions and Answers on the Illegal Letting issue: it is under the Owning Property tab. In the process I’ve removed a very few comments because they were making for discussion rather than a simple Q&A format.
Please keep discussion for the comments sections after posts, rather than on the Q&A pages – people often want a simple and straightforward answer to a query and those answers can get lost if there is discussion. Also please keep this page for general questions on being legal in Tenerife – not for the illegal letting issue.
I’d appreciate your help. Thank you.
I would appreciate clarification of the “three month” rule before having to apply for the Certificado de Registro. Does this mean just three months in each year or can one spend three months, return to UK for say a month or two then another three months etc.. thus making each visit no longer than three months each time and therefore not obligatory to apply for the Registro certificate. Hope this is clear.
Hi Em, the easiest way to answer is from the perspective of the certificate itself. It is no more than a document proving that the holder has complied with the law requiring foreigners who have come to live in Spain to register once they have been in the country for three months. So if you haven’t come to live in Spain you don’t need to register as a “resident” foreigner. Anyone who comes over, say, for a three-month holiday would not be registering as “living” here. I hope this clarifies.
Hi Janet Strange, as I was about to ask you the same question as Em! Just to be clear – if we aren’t planning to come and live there, is it OK then to stay for say, a four month holiday?
If you’re not “living” here, then at first sight it might appear that shouldn’t have to register as a resident foreigner, but Spain sets three months as the limit after which people must register – so they would deem you to be living here after three months even if, as you say, you were actually on holiday. This would require you to provide the proof of ability to support yourself that is now required.
My question relates to Fuerteventura, but have assumed the same rules apply for all the Canary Islands. I do already have a property there. I do not plan to live there on a permanent basis, but as am retired, want the option to spend a lot of time there but without all the hassle of extra paperwork etc., and to remain a resident of the UK. So hypothetically can I
spend three months at a time, return to UK for a month , and then repeat the process ad infinitum if I want to. Does this get around the need for a Registro?
In other words, the three month rule is not restricted to just three months a year but three months at any one time per visit.
I would also like to add Em that surely it would not be necessary to return to the UK for a month. Isn’t it the case, as with an American visa, that you sometimes have to leave the country for at least 24 hours and when you return the three months starts all over again?
Yes, Em, the same rules apply throughout the Canary Islands. The bottom line is that you have to register as a resident foreigner (and therefore get the Registro) once you have been here three months. If you do repeated three-monthly breaks here, you don’t have to register.
As Karen says, though, you don’t have to leave after three months. As a European, you are entitled to be here provided you fulfill the entry requirements – and one of those is that you register after three months.
There really is nothing to fear from this registration, nor the Registro certificate that is issued when you do so.
Thank you for your replies so far. But not the end to my questions, sorry. If I can further explain my circumstances, it may help to see were I am coming from. Although I wish to spend a lot of time in the Canaries, I wish to remain a UK citizen, maintain a UK home, and maintain my UK Tax Statues as all my income is derived from investments and other things in the UK. I have been told (from other sources) that by staying in the Canries for say more than six months at a time, could deem me to have to pay Tax to the Spanish authorities.
That I would effectively turn into a Spanish tax resident by default.
I have heard and been told so many different versions of the truth, I don’t know if I am coming or going to be frank. I even asked my Spanish lawyer last year about whether or not I should obtain a Residents Certificate (now called the Registro?) and he said not to bother, that he knows many people who live here all the time, even work here ( Canaries I am talking about) and that they have not bothered with the Registro. Now this is a well respected Spanish lawyer, so are his views out of date and even incorrect?
And my final question (I hope), is how do the “authorities” know exactly how long one may be staying at any one time? No passports are stamped on entry and hardly glanced at on exit.
You may have gathered that I want my bread buttered on both sides. I want the freedom to live in my Spanish house or my UK house when I want, but I also want to remain with my Tax domicile in the UK, and be burdened as little as possible by paperwork.
The Certificado de Registro is merely a certificate given when you comply with the legal requirement to register as a foreigner living in Spain. It has nothing to do with tax residence, nor does it negate your British citizenship, nor preclude you having a UK residence. If you are here for six months at a time, I believe it has tax implications, but this is nothing to do with the requirement to register as a foreigner living in Spain.
Your lawyer is correct that many people do not bother to register, and therefore do not get the certificate. Their status in Spain, though, is then “irregular”, and since registering is a legal requirement, there could be problems if you are in a situation involving the police and are discovered not to have complied with the law – though as an EU citizen you could not actually be deported, as far as I’m aware.
The authorities cannot know exactly how long you are staying here, and for that reason many people will get away with it, but bear in mind that in any problem involving the authorities there may be issues. It goes without saying that if your status is “irregular”, you won’t be able to get state healthcare, though many people here pay for private medicine.
The bottom line, though, is that you are confusing registering as legally required (and thus getting the certificate) with some sort of issue with your tax status. There isn’t one. If you want to be fully legal, you must register. If it doesn’t bother you, well, that’s your call.
I have personal experience of this. Even if you spend more than 6 months a year in the Canaries, it does not automatically make you a Spanish tax resident – the tests are based on where is the “centre of your economic interests” and whether you still have a property in the UK that is available to you. When I applied to be a Spanish tax resident (and so needed a certificate for the Irish authorities), I was asked to provide a years water and electricity bills as proof !
I have a question if you could answer please. We purchased a property this year on a complex in Caleta de Fuste and rent it out. We will be paying taxes on it and we have someone doing this for us. Are we doing wrong?
Thank you in advance.
Hi Karen, yes, I’m afraid you probably are doing something wrong – assuming you mean “rent it out” to holidaymakers. If your property is residential, and you are letting to holidaymakers, then that is not allowed at all. If your property is touristic, then you can let to holidaymakers, but this has to be done through the on-site sole agent, and isn’t something you can do yourself. This has nothing to do with taxes.
Hello, Thank you for your quick reply.Our property is touristic, ok so as long as the on site agent deals with any bookings that we may have, then this will be ok?
Yes. Precisely that.
Thanks again for the replies to my questions above. Now, how do I prove that my “centre of economic interests” is in the UK where I would continue to pay my tax to the Inland Revenue ? What information would need to be supplied and to whom is it supplied. Does that have to be supplied at the point of applying for the Registro, or at a later date. Many thanks.
No you don’t have to supply it at the point of “applying for the Registro”. As I’ve said, the Registro is issued when you register as a foreigner living here, as legally required to do. The new requirements to be allowed to do that are HERE. In terms of the Registro, you don’t need to prove anything as to where your economic interests are because the Registro has nothing to do with tax. For the rest, you will need to ask your accountant.
As part of a tidying-up exercise, I’ve moved some questions and answers from other pages to this Q&A page.
Certificado de Registro, is there an expiry date for this document?
If there is, is it renewable for a further period?
Thank you.
If not permanent to begin with, they are normally for five years, and yes they can then be renewed and should be permanent.
Thanks for your answer to my question. I understand that you can apply for a permanent residents certificate after 5 years, is this renewable also?
It’s permanent, so won’t need to be renewed. That’s what “permanent” means, of course! A permanent certificate cannot, by its very nature, expire, or need renewal.
There is another factor, too, in that EU regulations actually bestow the right of residence in an EU country to a national of another EU member country. The EU specific legislation is Directive 2004/38 which in Spain is validated by Real Decreto 240/07. Under this EU directive, registration certificates cannnot have an expiry date, so there is a whole question as to whether these 5-year Certificados de Registro are actually legal: the EU directive appears to say that provided you register, legally, after supplying the required evidence to enable you to do so, then Spain may not under EU law restrict your registration period.
In any case, as a right entirely separate from the requirement to register, EU law grants any EU national in another EU state the right to permanent residence in another EU state once that individual has lived, legally, in that country for 5 years. The Directive is again 2004/38, and this right is automatic, without any requirement to apply.
The word permanent on the certificate relates to the fact that you are a permanent resident, not that the certificate is permanent.
Yes, and as a permanent resident, you don’t need to re-register.
Many thanks Janet.
Firstly, I think it’s disgusting that Em’s Spanish lawyer told her it isn’t important for us to comply with Spanish law. I would be looking for another lawyer, personally!
I recently became a permanent resident on Fuerteventura and I’ve been asked the same question by quite a few people – perhaps you can provide the answer: Do these new restrictions on foreign residents (i.e. we must be contributing to the system or have proof of private health insurance etc) have any impact at all on those who have been resident for some time but are living here on limited resources and no private health insurance?
In theory, no. Assuming one has been in Spain for five years, EU legislation says that residence becomes a right. Having said that, anyone who goes to renew a temporary 5-year Registro might find the Police demanding proof as if they were a new applicant even though EU law says they can’t do this. For anyone who already has a permanent Registro, however, there is no problem.
Thanks for your previous reply, Janet. On a slightly different topic, I’ve registered as self-employed (autonomo) and have received a Soc. Sec. number, but the authorities are dragging their feet about accepting my husband on the basis of my contributions (he doesn’t work). They have been stalling for 3 months now. I believe he has a perfect right, as my husband, to state health cover, but how to enforce it? Do you know if there’s a stated time limit? Do you know if the authorities can be sued for damages? This situation is certainly causing stress and if he has an accident that leaves him disabled (car crash, stroke…), I could be paying massive bills for years as he’s no longer covered by anything at all.
Hi Sheila, it’s my understanding that the dependants of all EU nationals who are contributing are entitled to be registered for social security cover. When you say they’ve been stalling, what are they saying? It’s important in the first place, I’d say, to know what their reason is, if any, for not registering him as your dependant.
They appear to have come up with every excuse under the sun, but all the info I’ve had has come via my assessor. First it was all fine, then the rules changed (the residency ones) so they needed to check, and recheck… Then as he’s 63 he was going to get his own number, then we had to provide a bank declaration to say we had lots of money in the bank (done, but I refused to show it), then we had to have an official translation of our marriage certificate (done), then he had to get a ‘registro’ (done). Unfortunately, my asssessor divides his time between at least 2 islands and has no staff. Each Q&A round takes a week at least. He was supposed to have collected the SS n° today then ring me, but he’s been in meetings all day and didn’t ring back as promised. Monday is October and I’ve been contributing since 01/07/2012. I guess the next step is a lawyer. It’s really souring things, I’m afraid.
It sounds to me, though, that it’s a combination of a problem, something that could be done in days being stretched to weeks because your asesor isn’t accessible, and the new rules from Madrid for registering in Spain. It’s far from unusual for things to be tortuous here at the best of times, but with the additional two problems I can see how it’s dragging out. It might be worth employing someone specifically to take this on as a particular job: I have known a situation such as you describe take three months instead of two days to get car papers transferred. Good luck, Sheila.
I am an eu resident ( Italian passport) living in Spain. I was told to get a NIE. I live in Spain with my “husband” who is a non resident european. The Police say I must go to The Subdelegacion del Gobierno de Gerona to obtain a Solicitud Certificado de la Union. The object is to get a NIE, but I think after reading your article I will need to get another certificate as a non resident for tax purposes. The Bank already deals with our non residency. I have ignored all of this as I have been in and out of the country up until this time, but for other reasons I can no longer delay. Thank you Janet
Yes, that all sounds correct, I’m afraid. Good luck with it all!
Hello,
Have had green residence certificate for 5 years now, and was contacted by town hall to say I must now visit them in order to renew it. Since it is valid indefinitely is this legal ?….presume they will charge another €7 in fees as well….all other EU countries issue them for free as per EU law.How can Spain get away with it. I do know the answer it is like Ryanair – it is not a charge but an admin fee….what a bunch of *******
There will be some confusion somewhere because the town hall will not be involved at all in your certificado de registro.
Hi Janet,
I ma from Ireland and I have Certificado de Registro and a Certificado de Empadronamiento.
I have my business interest in Ireland and pay all my taxes in Ireland. I holiday in Tenerife four or five times a year and have no income there.
I am being advised that I need to lodge a substantial sum of money in my Spanish account to show that I have independent means of supporting myself while in Tenerife.
Is this correct?
No, not correct. If you were applying now for your Certificado de Registro then you would need to prove you had sufficient means to be a resident here, but the specific requirements, i.e. amount of money or income, has not been stated. Each case is treated on its own merits. I posted more information HERE. In your case, however, you already have your Registro so won’t need to prove anything.
Some regions in Spain have a system whereby non working foreign residents below retirement age can contribute towards their healthcare. Do you know if such a system operates in the Canaries?
Thank you.
I’m sorry I don’t know. There are two clear instances where social security contributions are made, first where one is employed and the employer makes them, and the second where someone is self-employed and registers as autonomo. It’s possible that you would have to register as an autonomo to make your contributions, but you are best advised to ask a gestor or accountant if it is possible without doing so. I would think, however, that if you are going to go to that expense, you are as well advised simply to take out private medical cover. Bear in mind, too, that you might be able to get a couple of years’ cover automatically anyway courtesy of the UK: you would need a contributions history for the three years prior to leaving and a form S1. The best way to find out about this is by contacting the Pensions Centre in Newcastle.
Thank you for your reply Janet,
I have already used up my two years cover as I have been living in the Canaries for 5 years. I have been Autonomo for three and a half years and pay contributions for which I receive medical cover but I plan to stop working in the near future.
Private medical insurance is fine provided you have no pre existing medical conditions, if you have, premiums (assuming someone will insure you) would be very high.
Hi Janet
For permanent residencia is the modelo to go with the ex 18 still a 790, can it be downloaded and printed off and also does a 15yr old and a 17yr old require the same modelo 790 plus an ex 18 each or do they both come under the mother
Thank you so much
There is no “residencia” any more, so I presume you’re referring to the Certificado de Registro, which is the green certificate you get when you register as a foreigner living in Spain for 3 months or more as legally required. The modelo to pay the tasa (tax) at the bank beforehand cannot be downloaded because it is a triplicate form. There is a template online, of course, but the original has to be obtained from the police station. For children, I understand that no Registro is legally required, though sometimes a school will demand one. Each individual, however, must have their own certificate.
Hi. My partner & I are moving over to south tenerife with my sister and my 6 year old son. We are planning on being here initially for 12 months and renting an apartment. My partner will continue to return to England to work as he is self employed, I wont be working but my sisiter will be looking for work.
I am completely confused about if we need to complete any paperwork and if we do what we need!
Also I want my son to start at a spanish school and not sure how I go about registering him etc.
Any help would be great.
Thanks
Hi Claire, hopefully THIS page will explain everything you need to do to be legal here. Have a read and come back with any questions that still aren’t clear. As far as schools are concerned, you can choose between a Spanish state or Spanish private school. If private, then you should enquire at the particular school you would like your son to go to, but if state, then you have to choose between one local to where you live or work. I am not up to speed on school requirements so don’t want to advise you wrongly, but as far as I know, each has slightly different requirements. It will be best to enquire at the school office. You will certainly need the legal paperwork you’ll read about on the above link, and you might need your son’s birth certificate to be legally translated and verified too.
HI
Im looking to move to spain, I am British , I will be working, therefore I will need to obtAIN an NIE, and register as an autonomo. Once Ive done that, would it be easy to get the registration certificate? WUd showing my NIE number, and proof of being an autonomo be sufficient? Since I will be registered as an autonomo, would I still need to show money in the bank?
As I posted HERE, the requirement to show a bank balance is for those who cannot show documentary evidence of their employed or self-employed status, or of social security contributions. If you can provide these, then you will comply with the requirements.
Hi Janet
I understand that foreign residents have to declare property and bank accounts in the held UK before 31.03.13. Is this correct and how does one do this?
Janina
Hi Janina, could you have a look at what I posted HERE to see if it answers the question … I’m hopeful that it will.
Could I simply pay social security payments as a 55 year old pensioner from my pension income in much the same way as someone who is self employed does.
I’m sorry Billy I am not sure, but I don’t think so. Could you have a look at my reply to Graham above (HERE) to see if it helps.
My mother is law is planning on moving to tenefire to live later in the year she has no savings her only income will be her Jersey State pension , as we in Jersey are not part of the EU will this be an issue re Tax & Health care in tenerife ? She is hopefully planning on going to the the North Of The Island and renting a property
As far as I’m aware, EU rules on freedom of movement do not apply for Jersey, so I think the best thing will be to check with a gestor as to the best way to be able to move here permanently. I believe THIS is the site with Spain’s requirement for non-EU foreigners and residence.
Thank you i have already looked at this site and as it is mostly in spanish i got a bit lost ! Think i may need legal advice as i dont want her travelling all the way there to find out she does not have enough money in the bank or health cover as her income will only be a basic pension she wont have much . You mentioned in your essential paper work page she will need to prove sufficient resources of at least 9k is this mandatory for all residence applications ?
Well, it’s for the Certificado de Registro, and I am only familiar with that as a document for EU citizens. I’m afraid I don’t know if it even applies to non-EU residents. I fear she may need to apply for a non-comunitario tarjeta … but beyond that is beyond my experience, I’m afraid.
Hi Janet, Your website is the first place I look for information on red tape etc but cannot find the information I have a query about, apologies in advance if you have answered it in another thread.
In March 2012 I obtained an NIE as it was essential for the opening of a bank account and purchase of my property. I visit a few times a year but do not exceed the 3 month rule in regard to a Certificado de Registrado but I am now aware that my NIE certificate was only valid for 3 months. The Certificado de Registrado doesn’t seem appropriate as I am not here long enough, what are my options?
It is complicated further by my wanting to buy a used car to save money on hire cars and have been told I need an NIE (mine now having expired) – please could you be kind as to add a section on essential paperwork for buying a car as that seems to be a whole load of further red tape and risk of inheriting another persons debt.
Hi Antony, OK the thing with the NIE is that the number stays with you for life, but the paper certificate itself now expires after three months – it used to be permanent. The reason for this is that those who are here for more than three months now need to switch to the green Certificado de Registro.
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Where this creates problems is with situations like yours, where you aren’t liable to register as living here, but the paper NIE is no longer valid. What you need to do now is go back to the police station (presumably you got yours in Playa de las Américas) and ask for a renewal. They will ask you what you want it for and check that you shouldn’t, instead, be applying for a Registro, and once they’re satisfied, will issue you with another NIE.
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As far as buying cars is concerned, this is something I’ve never really got into apart from helping a few people now and then, so don’t want to advise because I don’t have the expertise. I myself would always use an independent gestor to be sure that I wasn’t taking on a vehicle with debts or other problems.
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Hi Wally, for others’ notice, there’s an information page HERE on basic paperwork and related matters.
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I know the article you refer to, and one of the cases behind it. If this instruction is really coming from the police station in Playa de Las Américas, it is very strange because it is not the case in any other extranjería in the country, as far as I’m aware. Moreover, if this instruction is really coming from PdlA, they are doing something that is not permitted under EU legislation, nor indeed under Spanish law. This needs clarifying, and could yet turn out to be a case of confusion rather than misinformation from the police. In the case of which I’m aware, it was not the police who advised that renewal was required, but they were processing the application for renewal, as it seems they have done with several others.
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The only new legislative change has been for new applicants who, since March last year, have to prove they can afford to live in Spain and had cover for healthcare. Existing Certificados de Registro, however, are are permanent once an EU-national holder has been in Spain for five years. Those certificates which have an expiry date are those which were issued to applicants who had not been in Spain for five years at the point of application: these may be exchanged for ones that state they are permanent if the holder wishes. This is not a requirement, however, since EU regulations allow EU nationals permanent residence in another member state once they have legally resided there for five years.
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To be clear, in the case of a legally resident EU national who has been living in Spain for five years and who has a Registro with an expiry date on it because they had not been here for five years when they applied, that certificate does not need to be renewed because EU law allows them permanent residence in Spain. The holder can, however, choose to renew it if they would prefer to have a Registro with the word “permanente” on it. The new rules for new applicants do not apply to these renewals.
hi, Im looking at moving to tenerife. im a self employed webmaster and cant find the answer to my questions anywhere. which is what tax am i liable to pay as autonomo. is it 20% and is there a tax allowance threshold as in the uk. and do i have to register with social security. the reason i ask is from other threads ive read on forums id be expected to pay a minimum of €200 per month in social security payments. is there any other options like using a european healthcare card. Not sure if its used in any calculations but im married with 3 children and my wife will be working.
Hi Jon, we’re talking about two separate things here. First tax. I’m not qualified nor sufficiently knowledgeable to answer in detail, and your only recourse is to find a gestor or accountant here who will take care of it for you. You will need to be registered, and as an autonomo there are various ways in which you can be registered: it depends on how your trade or business is defined. The other matter is social security, and this is in addition to tax, and yes, you are looking at between 250 and 300 Euros a month in contributions, no way out of it. You cannot work here legally without this, and so your EHIC will be of no use at all because it is for visitors, not those living and working here.
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In case you’ll be in Adeje, you might find THIS of interest, and if you’re under 30, you should ask your accountant/gestor to look into THIS for you.
Hi Janet
I’m moving to Barcelona within the next couple of weeks from the UK to start a new job but I have no accommodation and no bank account. I have been told that to get rental accommodation I will need a bank account and to get a bank account I will need accommodation. It seems like a catch 22 scenario is this correct where do I start?
Can I open a bank account with just a passport or will I need an NIE number if so do I go to a local police station and fill in the form will I get a NIE number on the spot or will I have to wait for a few days to get one. Can I get accommodation without a bank account? Thanks for your time and help
Regards from a very confused
Peter
yes, it can seem like a catch22 situation, but in reality it’s not so difficult. You’ll need to find a place to live, then when you’ve found one, you have an address to take to the bank and the police to get your NIE. The number can be added to the rental contract afterwards, or it’s possible you will be able to sort out the bank account and NIE in the gap between finding the place and actually signing the contract. Similarly with the bank, you will be able to open an account on the promise of confirming the paperwork as soon as the contract is in place. The same applies to the NIE, though it’s likely the Bank will need that immediately. So, find a place, get the NIE, sort the bank account, and then follow up with confirmed paperwork if any is pending, in that order. Good luck! and enjoy Barcelona!
Hi, iv just got a question, I’m working out here for first choice for 6months and I was wondering if I would be able to receive mediation through the post and if I could send things such as a pouch of tobacco / cigarettes back to the UK ? Any help you might have would be great.. Thanks x
I’m sorry I don’t understand what you mean by “mediation through the post” … do you mean medication? If so, there’s no reason other than the risk of essential medicines going astray. As far as posting tobacco to the UK, I don’t think that’s allowed at the UK end.
There is a notice in the Peurto Santiago post office which says you are not allowed to send tabacco products in the post to the UK
WE have an apartment in tenerife and have formed a company for the apartment we sub divided the ownership into shares, as a group we manage all the running costs and pay all necessary bills, we do not rent the apartment and have registered as non letting at the moment we pay non letting taxes,on this basis are we legal or do we still have to pay letting tax as we understand that a lot of apartment owners are being fined considerable amounts of euros for illegal letting but we can not find any information as what constitutes legal or illegal letting. We do employ a legal fiscal company to manage all our tax affairs but they can not help on this matter
Janet on 3 June 2013 at 11:41 pm
Terry, the long and short of it is that if you’re non-resident you have to pay what you’re calling “non-letting taxes”. In this respect you’re legal because this is paid by non-residents who own a property here, on the basis that it is assumed they have some (legal) rental income that is not being declared.
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It is another question as to whether you’re actually allowed to holiday let. If your apartment is residential, you are not. If your apartment is tourist licensed, then you are allowed, but you must do so through the on-site sole agent (if your complex is a tourist one, it will have an on-site sole agent). Any let over 3 months is, effectively, a residential let, and not a holiday let, and you’re allowed to do this whether your apartment is residential or touristic.
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In terms of finding info on what constitutes legal or illegal letting, there is page after page on this site about it. What I’ve said above is the basics, though. You could also have a look at THIS. Click on the link in the post, which takes you to an article I recently wrote putting the whole thing into a nutshell.
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If you have several weeks, HERE is a list of all the pieces I’ve written on this site about the issue.