They have now been added to the list! The fact is that any holiday maker just doesn't need any aggro. I'm sure many scams are worldwide but all that is important to a holiday maker is their holiday and where they are going and what is happening to them and now.
I think it can be very off putting to be provided with a list of things to be aware. Of course knowledge is power but there is a slim line between being informed and them just thinking to heck with this we will go elsewhere. |
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Not everyone's reading the forum. ;) It's unfortunate, that there's a lot of scammers* around looking to relieve people in holiday mode and unfamiliar with local circumstances of their hard earned money. *the genuine tax inspectors (probably?) don't fall into that category |
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Iīm wondering if we are combining two completely separate things here. One is the legality of renting particularly in view of the provisions of the new law passed last year which I think Pollencafan is probably right in saying was brought in purely at the request of and for the benefit of the hoteliers. I would be very surprised to see any determined campaign to apply this as so many local businesses depend on the private rental market. As long as owners are a bit sensible in the way they operate and donīt be to blatent about it then I would doubt that there will be a problem.
The second thing is the requirement to pay tax. By owners needing to be sensible this is what I mean. Everyone who owns a property in Spain and doesnīt live in it is required to pay income tax on that property whether or not it is rented out. Anyone who actively avoids paying this tax be it by ignorance or desire is asking for trouble and quite frankly deserves it when it arrives. |
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Personaly I would have telephoned the Guardia Civil/Hacienda and checked that these "Inspectors" are who they say they are, I would also have read their I.D.'s very closely, clearly this can only be done if you are legal but my point here is that even if they are real inspectors there must be a civil rights issue here...
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Do they have the right to do that just demand to come in and see your confidential paperwork ?? Very few people would have enough Spanish to check all this identity
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They do have the right and they will be able to speak English. If everything is legal and above board there is nothing to fear.
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I am just speaking as a guest if I was staying in someones apartment not as an owner
I think it would be rather intimidating for this to happen |
I'm afraid Sunny is correct they can do whatever they like ,:eek::eek::eek:you must check their pass & once verified it is in your interest to be as cooperative as possible otherwise they can waste an awful lot of your holiday time .
It is very unusual for there to be less than 3 inspectors (for obvious reasons) & yes one will speak English. |
From today's Bulletin:-
Crackdown launched on illegal holiday home rentals Majorca Daily Bulletin, Espaņa 19 Jul 2013 Palma.— The Balearic local ministry for tourism has launched a massive crackdown on illegal holiday homes in the Balearics. Government inspectors have been scanning website where holiday accommodation is offered and also probing reports of homes which are being offered to tourists illegally. To rent out a property, the owner must first get the necessary paperwork from the Balearic Ministrry for tourism. In many cases owners just go ahead and rent their homes illegally much to the anger of local hoteliers who say it is unfair competition. |
What the article doesn't say is that many owners have tried to obtain permits to rent only to find they are no longer issuing them.Once again pressure from elsewhere has caused this ridiculous situation.
How the property market will ever recover when possible purchasers are denied the right to help improve the local economy is beyond me. Those that are lucky enough to have a permit need to realise that those of us that don't are put in an impossible position and wish to see a satisfactory resolution that benefits all, not just the hoteliers. |
Personally, I would ask to take a photo of them. If they are genuine then they wouldn't mind. That used to scare away the bogus callers previously.
It would be interesting to know if they have a right of entry. In the UK anyone like this would need to have a warrant granted by a magistrate, and they would need to produce it before entry. I would imagine Spanish law is similar. |
According to my clients they were very heavy handed. They did not speak English. I think at the very least they should have a printed form written in several languages which explains what they are doing and apologises for the inconveninece. Tax Office has a right to answers. They do not necessarily want to enter the property but they were very clear they wanted all their questions answered or the police were going to be called. They wanted to know where the property was found, how much was paid, had they been to the property before, did the price include electric, gas, how the cleints paid, number of bank account which was used if bank transfer. etc. etc.
It certainly annoyed my clients by their attitude, annoyed my clients by the intrusion of privacy and also made the clients think that the owners were maybe avoiding paying tax. They did have the name of the owners on their records. Tourism inspectors are one body, tax inspectors are another so potentially we could expect two inspectors knocking on doors. This villa was off the beaten track. HAVE FUN ALL. ANOTHER HOT ONE. |
Following on from Jan's post I am a little surprised that this thread doesn't seem to have hit a nerve with property owners. This last week has apparently seen these inspectors out and about and just knocking on doors. This is very serious stuff and should not be taken lightly. From information gained it seems that it is illegal for apartments to operate a rental service and also villas need to have a tourist licence. From this same information it seems that these licences are hard to obtain and will not be given to apartments. Therefore anyone renting without a licence is open to heavy fines. It seems that you can rent under the short term tenancy act 1994 but you are unable to offer any service. Andrew has been brillliant in supplying relevant info and if you google you will find all the relevant info from various sources. The inspectors have been gaining much of their info from rental websites. If you are offering short term rental then thses sites will not work with the short term tenancy agreement. To be on a site confirms that you offer a tourist agreement. These inspectors are doing the rounds and have been seen throughout the Port.
There is much to say about this subject but one thing which hasn't been spoken about is the knock on effect of all of this. This is serious stuff and will hit all of us property owners. Just think how many properties there are on the market at the moment. The success of PP was built on mostly the British buying in with the view to rent their property out to others wishing to share the wonderful place it is. If those property owners have mortgages which just a few years ago were being given away, they may well need the rental revenue to help pay for those mortgages. Ok it could be argued that a property should not have been purchased on that basis but the fact remains that many were. So these people will have seeen the value of their property decrease and now they are unable to rent too. It might just be easier to walk away. Will Pollensa then become like some areas of the mainland with property not being maintained and possibly just left! The bombs gone off and no one told us! Also where will this leave business? Many have moved to Mallorca and built a business based on the rental market and property ownership. Again some might not maintain their homes bacause if the lack of money. Cleaning staff, rental agents and maintenance won't be needed as property can not be let out so they will see their business go bye bye. Plus restaurants and other associated holiday associated business. Holiday rental sites too will suffer as if a renter is not allowed to rent or be on a rental site then there will be no need for them. It could be argued that it is a human right to do as you wish with your property and the question has been who and when will this be challenged in court. The knock on of this is just crazy! None of us who love PP should have a smile on our faces as we will all be hit by this in my opinion. Plus of course how much will our property be worth if this is not challenged? I really feel this is a worry to all whether you rent with or without a licence! Do we want PP to become tired and run down? of course we don't - what the heck can we do about this? :confused: |
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