Marbella-based Larraín Nesbitt Abogados (LNA) has over 23 years of experience at your service. We offer a wide range of 60 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record of successfully assisting expats all over Spain.
You can review here our client’s testimonials.
Article copyrighted © 2024. Plagiarism will be criminally prosecuted
Introduction and brief backstory on this taxation change
Spain approved a new housing decree in October 2026 which introduces a slew of significant novelties, including for holiday homes. Chief among them, holiday homes are now equated to running a business. This translates into a series of new tax and legal obligations for holiday home landlords.
This is done within the broader context of improving housing access conditions for Spanish natives. Housing has become Spain’s number one problem over the last three years, specifically since Spain’s Housing bill was enacted in May 2023. The government is of the view that holiday homes take away necessary accommodation stock that could be better employed in long-term housing contracts to accommodate families, instead of tourists. It also views holiday homes as waging unfair competition on the hotel industry, which calls for further regulation, including taxation.
The Spanish government had long mulled the idea of levying a 21% VAT on holiday homes, spurred on by its junior coalition partner SUMAR and the hotel lobby. This had faced fierce rejection from opposition parties until very recently. However, a new turn of events with the high-profile eviction of an elderly lady aged 87, that made international headlines, prompted the government into swift action within the context of calling a snap election.
Mercifully, the tax rate has been reduced to 10%, in line with the VAT applied to all hotel accommodations in Spain. Up until now, holiday home landlords were exempt from VAT unless they offered hotel-like services.
We have structured the article as a FAQ for ease of comprehension.
The legal and tax implications for landlords
Going forward, landlords offering holiday homes under 30 days are now required to file quarterly and annual VAT tax returns.
This implies you will have to hire a quarterly VAT accounting service in addition to the two tax returns you should already be filing as a non-resident landlord:
When does the new tax obligation come into force?
It comes into effect on the 1st of December 2026.
Tax rate applied
Section seven of the decree specifies a 10% VAT rate will be levied on guest invoices. Holiday home landlords will be required to raise invoices with VAT for accommodations whose guests spend 30 days, or less.
Exception 1: renting your permanent place of abode
If you rent out your permanent place of abode, whether individual rooms or the whole property, it is VAT-exempt. For example, if you rent out one, or more, rooms in your main home, this would be VAT-exempt.
Exception 2: rentals exceeding 31 days
Rentals exceeding 31 days are VAT-exempt.
However, the catch is that you need to formalise such rentals as either a:
As explained in a previous article, we believe long-term rentals are no longer advisable for landlords following new regulation.
As a gentle reminder, seasonal lets have a limited scope of use:
If you offer a seasonal let, and fail to justify any of the above four points, it will automatically be regarded as a long-term rental for all intents and legal purposes.
VAT tax calendar
What happens if a landlord does not comply with filing quarterly VAT returns?
As explained above, holiday homes, rented out for 30 days, or less, are now regarded by the government as a business. As such, you now have a legal and tax obligation to file quarterly VAT returns.
If you plan to continue offering holiday rentals (for periods of time shorter than 30 days) you must comply with the above or risk facing stiff fines.
How our accounting service works
We email you a spreadsheet every tax quarter which sections you need to populate and return to us by email. We then prepare your tax return as domiciled against your Spanish bank – no further action is required on your part.
When is the first VAT return due?
The first VAT return is due in January 2027, which taxes the previous month of December 2026.
What happens if I only rent out a couple of tax quarters a year, do I still need to file a return every tax quarter?
Short answer is yes. Once enrolled in this VAT scheme, you must file a VAT return every tax quarter regardless of whether you rent out the property, or not, during the tax quarter.
As explained above, holiday homes are now viewed by Spanish Tax Authorities as a business concern which triggers accounting, tax, and legal obligations for landlords.
LNA offers a competitively priced VAT accounting service that takes away all the associated stress ensuring timely compliance.
LNA-related accounting services:
At Larrain Nesbitt Abogados (LNA) we have over 23 years of experience specialising in property conveyance and taxation. We also assist clients with immigration & residency visas (digital nomad visa), and inheritance procedures (probate). You can contact us by e-mail at info@larrainnesbitt.com, by telephone on our UK line (+44) 0754 3838 218 or Spanish line (+34) 952 19 22 88, or by completing our contact form.
Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarising, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. Voluntas omnia vincit.
Larraín Nesbitt Abogados, small on fees, BIG on service.
2026 © Raymundo Larraín Nesbitt. All Rights Reserved.