expenses allowable against tax

For topics that are specific to Spain, please go here.
brendan
Posts: 678
Joined: Tue Dec 16, 2008 4:04 pm

expenses allowable against tax

Post by brendan »

Hi, just found this site recently - great stuff!

I´m about to start renting a house for extra income. I´m already employed and pay my tax, social security. I guess I need to employ a gestor, right? Anyway I wanted to know what expenses can be offset against any income achieved...e.g. pool/garden maintenance, cleaning, breakages, linen etc. Can anyone help?
Thanks in advance
User avatar
Mountain Goat
Posts: 6070
Joined: Wed Apr 19, 2006 1:31 pm
Location: Leysin, Alpes Vaudoises, Switzerland
Contact:

Post by Mountain Goat »

Wow - what a question, and welcome to LMH.

Lots more information would help - which country is property in? Where are you resident? Where do you work? Do you have a manager (gestor?)? Mortgage on your property?

All the items you've mentioned would normally be allowable against your rental income in most countries I would have thought.

MG
brendan
Posts: 678
Joined: Tue Dec 16, 2008 4:04 pm

Post by brendan »

Sorry, as this is the ´Spain´section of the forum I presumed you´d know I was in Spain. so I´m specifically asking about a property in spain where I am already employed.
thanks
brenda
Posts: 1256
Joined: Fri Apr 07, 2006 5:32 pm

Post by brenda »

You definitely need to talk to an Economista or Gestor.

It would help if we knew what area of Spain you are in then people with properties in that area could suggest a good person to see.
camel
Posts: 367
Joined: Mon Apr 07, 2008 7:08 pm

subject

Post by camel »

Your question is very simple.

If you are a non Spanish resident, you are not allowed any expenses to write off against your Income.

If however if you are a Spanish resident all expenses that you mentioned are allowed.

This is an unfair distinction buy the Spaniards another way to milk non Spaniard. The Taxes, VAT on illegally built properties was not enough for them. Perhaps the Spanish Government with a million unsold properties will realise that by treating people equally and improving the working of their legal system there would be more investments into Spain.

In the past residents paid 18% capital gains Tax & non resident 35%. Spain was taken to EU & last year they equalised the rates.
brendan
Posts: 678
Joined: Tue Dec 16, 2008 4:04 pm

Post by brendan »

Terrific, thanks very much for that reply, camel.
User avatar
Mountain Goat
Posts: 6070
Joined: Wed Apr 19, 2006 1:31 pm
Location: Leysin, Alpes Vaudoises, Switzerland
Contact:

Post by Mountain Goat »

Camel, I don't understand:

If you are a non Spanish resident, you are not allowed any expenses to write off against your Income.


Maybe this is true with the Spanish authorities (not a clue, seems unlikely), but if one was resident in the UK, then there's loads of expenses to put against the income as far as the UK Inland Revenue are concerned, and that income has to be declared.

MG
User avatar
Ben McNevis
Posts: 846
Joined: Mon May 15, 2006 10:07 am
Location: Scotland (for) The Brave
Contact:

Post by Ben McNevis »

I think you're right, Goat.

There's a flat 25% income tax for non-residents and no expenses can be allowed against it. However, if you're a tax payer in a country such as UK which has a double-taxation agreement with Spain, then you simply declare on your tax return the income tax you have paid in spain and that is deducted from your tax due in the UK. On your UK tax return, you declare both income and expenses according to the UK tax rules, so the net effect is that you pay tax according to the UK tax rules, even though some of that is paid to the Spanish hacienda instead of HMRC.

As I have mentioned a few times on here, it rather depends which part of Spain too. In the canaries, you can't declare any rental income from a holiday property unless the property is managed by a company authorised by the tourism ministry. So, private lets are outlawed (theoretically - not in practice) and no tax can be paid! The words "foot", "in", "shooting" and "yourself" come to mind.
Cheers, Ben
www . scotland-cottage.com www . scottish-cottage.com


Visiting Glenrothes? It's one of your Fife-a-day
camel
Posts: 367
Joined: Mon Apr 07, 2008 7:08 pm

subject

Post by camel »

"If you are a non Spanish resident, you are not allowed any expenses to write off against your Income."

YES.

Ben, posted
"There's a flat 25% income tax for non-residents and no expenses can be allowed against it.

AGREE



However, if you're a tax payer in a country such as UK which has a double-taxation agreement with Spain, then you simply declare on your tax return the income tax you have paid in spain and that is deducted from your tax due in the UK.

ONLY ALLOWED TO DEDUCTED, IF YOU HAVE INCOME FROM PROPERTY RENTALS IN UK, EITHER AS NORMAL LETTING OR HOLIDAY LETTING. YOU WILL NOT BE ALLOWED TO OFFSET AGAINST YOUR PAYE OR SELF EMPLOYED TAX BILL. AS MOST RENTAL INCOME DO NOT GENERATE SURPLUS, THE 25%TAX DEDUCTED IN SPAIN WILL NOT BE REFUNDED.

On your UK tax return, you declare both income and expenses according to the UK tax rules, so the net effect is that you pay tax according to the UK tax rules,

WHERE THERE IS NO SURPLUS OF INCOME I.E. NO TAX TO PAY IN UK, THE 25% PAID IN SPAIN WILL NOT BE REFUNDED.





even though some of that is paid to the Spanish hacienda instead of HMRC."
Post Reply