Citizen security law
Why do you need to know about Citizen Security Law and Renting Tourist Houses??
In July 2015, whilst most of us were on the beach or hiding inside with the air conditioner and every fan in the house pointed in our direction, a huge amount of Spanish Citizens had taken to the streets to protest. They were protesting against the introduction of the Citizen Security or “Gag” Law as it became affectionately termed.
The Law itself passed last July, deals with a vast array of different matters, from surfing the internet and illegal downloads to photographing police officers. It also deals with Protests, which now have to be effectively booked with the Police in advance and cannot be anywhere near government buildings. The law was described by national newspaper El Pais as “granting the police the power to fine anyone who refuses to dissolve meetings and protests in public places.”, Indeed many observers noted the links between this law and the darker past of Spains dictatorship under General Franco.
In the wake of terrorist atrocities across Europe and the World, many EU countries now have similar laws. The idea is to be able to keep a better eye on what Citizens are up to though introduction of these wide ranging powers, though many see it as a violent assault on Human Rights.
Another rule introduced in the Citizen Security Law was that the Government would know where all tourists were staying whilst in Spain. As such under the newer law to Register Tourist Rentals in Andalusia, there is to be a requirement for all those renting property to take identification from all their guests and provide the local Police with the details within two days.
The knock on effect of this is quite considerable, as it means that the local authority will have an accurate record of all the tourists received in a holiday rental over the year. The most obvious question they will then look at is Tax. Those who rent their properties, even for just a week a year should heed this warning and ensure they are paying tax somewhere on the profits, or questions will be asked. Those who see this as a deterrent from registering should be aware that indulging in the “clandestine activity”, as the law puts it, of renting illegally will be subject to fines reaching €18,000.
The good news is that getting the property registered and the tax situation organized is not too difficult. All the information needed is on the Junta de Andalucia website and in the previous blog. For tax advice speak to your accountant or gestor.
Patrick Grant EMLE
MiMarbellaNow’s Legal Beagle
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