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Non-resident property owners — IRNR tax and Form 210

Regulation source — law

Active

Non-resident property owners — IRNR tax and Form 210

Published
Regulation type
Law
Source title
Real Decreto Legislativo 5/2004, de 5 de marzo, por el que se aprueba el texto refundido de la Ley del Impuesto sobre la Renta de no Residentes
Source reference
Real Decreto Legislativo 5/2004, de 5 de marzo (BOE-A-2004-4527)Orden HFP/544/2018 — Modelo 179 (BOE-A-2018-7183)
Effective date
Regulation lifecycle status
Active
Short summary
Non-resident property owners in Spain who receive income from tourist rentals are subject to IRNR (19% on net income for EU/EEA residents, as a general indication — consult a tax adviser). The quarterly return is filed using Form 210. Since 2024, platforms report income to the AEAT using Form 238 (DAC7), which replaced Form 179.
Full summary

Form 238 (DAC7) — platform reporting

Since the 2024 tax year, intermediary platforms (Airbnb, Booking.com, Vrbo, etc.) are no longer required to submit Form 179 ("Annual informative return on the transfer of use of tourist-purpose dwellings"). This obligation was abolished by Royal Decree 117/2024, of 30 January (BOE 31 January 2024), transposing Council Directive (EU) 2021/514 (DAC7).

From the 2024 tax year, platforms submit Form 238 ("Informative return for the communication of information by platform operators"), approved by Order HAC/72/2024, of 1 February. Form 238 has broader scope (coordinated at European level through DAC7) and fully replaces Form 179 for property rental reporting.

The AEAT continues to receive information on owners' income. The tax oversight mechanism has not disappeared, only been updated. Income obtained through platforms cannot be concealed.

Note on the informational nature of this content

Non-resident tax obligations may vary depending on multiple factors: country of residence, existence of a permanent establishment, nature of the activity, applicable double taxation treaty and others. The information in this article is general and informational in nature. Andalusiamalaga.com does not provide tax advice. Always consult a specialist tax adviser.

Applies to use types
Tourist rental
Taxes
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