Obligations of Platforms to Transmit Information to Spanish Tax Authorities
What is Form 238 and Why is it Important for Holiday Home Owners?
If you rent out a holiday home in Spain through online platforms like Airbnb, VRBO, Booking.com, or similar services, Form 238 may be relevant to you. This form is a declaration that allows the Spanish Tax Agency (AEAT) to monitor income from property rentals. Below, we explain in simple terms what it entails and what you need to know.
Is Form 238 Mandatory?
Form 238 is a mandatory report for companies and platforms acting as intermediaries in property rentals in Spain. This report enables the tax authorities to monitor income generated from holiday rentals. With recent regulatory changes, Form 179 is no longer submitted annually; instead, Form 238 is now used. This improves the speed and accuracy of tax oversight.
What Information is Shared?
Form 238 includes the following details:
- Property Details:
- Full address of the property.
- Cadastral reference.
- Owner Information:
- Name and NIF or NIE of the owner.
- Rental Details:
- Rental period.
- Total price received.
- Additional Services: Cleaning, linen rental, etc.
Should You Do Anything Yourself?
As a landlord, no, you are not required to submit Form 238 yourself, as it is the responsibility of the intermediary technology platform. However, ensure that:
- Your details are correct and up-to-date on the platform.
- You declare your rental income to the AEAT using the appropriate tax forms.
- You provide all necessary information to the platform so it can report the data correctly on your behalf.
Why is it Important?
Form 238 allows tax authorities to ensure that holiday rental income is properly declared. Additionally, the AEAT can claim taxes retroactively if irregularities are detected, with a general statute of limitations of four years. Keeping accurate records is essential, as tax authorities may request evidence of your declarations.
What Happens if You Fail to Comply?
Non-compliance can result in:
- Fines for tax evasion, which can reach up to 150% of the amount owed, plus interest.
- Tax audits, which could lead to further penalties.
- Suspension of the tourist license.
- Inability to advertise the property on various platforms.
How to Comply with the Regulations?
To avoid issues, we recommend:
- Record your income: Keep detailed records of bookings, income, and expenses.
- Declare your income: Use the appropriate tax form, such as Form 210 for non-residents.
- Required information: Provide the information required by the platform operator so it can report on your behalf.
- Seek advice: Consult a tax advisor specialized in Spanish regulations.
Summary
Form 238 is mandatory for rental platforms, but as a property owner, you remain responsible for correctly declaring your income. Ensure you comply with tax regulations and maintain accurate records to avoid issues with the AEAT.