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179 Form: Fulfilment of rental of tourist apartments (as Airbnb)

The 179 Form is the new way that the Tax Agency has to control tourist rental housing on platforms such as Airbnb, Windu, HomeAway or Niumba. It is a measure that will reduce the number of undeclared vacation rentals, as well as detect those that do not comply with the regulations.

Do you usually use platforms like Airbnb to rent houses of your property as tourist flats? Keep reading and discover which effects the entry of this informative Model may have on you.

When does the 179 Form come into force

This new measure of the Tax Agency that obliges to present the 179 Form enters into force in July 2018. However, it is necessary to report on the entire fiscal year. This means that any tourist apartment that has been rented from January 1st, 2018 must be declared.

What is considered a tourist rental property?

In the same way that the Tax Agency makes clear what is an habitual residence and what are its exemptions (as for example, the capital gain derived from its sale, for taxpayers older than 65 years), also stipulates what is considered a home for tourism purposes.

The most interesting part is the one that details that the whole house must be rented. In other words, renting just one room does not, in theory, come under 179 Form. Even so, remember that renting a room from your habitual residence is not always exempt from rental property tax (Personal Income Tax).

It also stipulates that the house has to be furnished and equipped so that it can be used immediately and that the rent has lucrative purposes.

Are you obliged to present the 179 Form if you rent your flat for tourist purposes?

As reported by the Tax Agency, individuals and entities that provide the intermediation service between cedents and assigns, are the ones obliged to present the informative fulfilment. That is, the holiday rental platforms such as Airbnb are responsible for the 179 Form.

The people who rent their homes as tourist use, only affects them in that they must give certain information to the platform, a fact that, on the other hand, helps to give reliability to this type of activities. Here we detail them.

What information should be included in the 179 Form?

Tourist rental platforms should provide the following information through 179 Form:

  • Identification of the owner of the property, the owner of the right by virtue of which the property is transferred (if it is different from the owner) and of the persons or entities assignees.
  • Identification of the property, including the cadastral reference.
  • Number of days of assignment of the house for tourism purposes.
  • Money charged by the owner for renting the house.

How often must the 179 Form be presented for tourist rental flats?

179 Form must be submitted quarterly during the month following the end of the quarter. For example, the first declaration must be made in April, and the second in July.

If you are a person or entity that acts as an intermediary in the rental of houses for tourist purposes and you need advice to present the 179 Form do not hesitate to contact GM Tax. In the same way, if you have any need at the time of declaring the rent of your flat or room, get in touch with us. We will help you in a professional and close way.

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