Do I have to declare the rental of the parking space in the Rent?

On April 11, the deadline for submitting the Income Statement was opened, a procedure that must be completed by June 30 by all taxpayers who have received more than 22,000 euros from a single payer or 14,000 euros from several payers.

Oliver Thansan
Oliver Thansan
30 April 2023 Sunday 22:06
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Do I have to declare the rental of the parking space in the Rent?

On April 11, the deadline for submitting the Income Statement was opened, a procedure that must be completed by June 30 by all taxpayers who have received more than 22,000 euros from a single payer or 14,000 euros from several payers. This is a formality that more than 20 million citizens residing in Spain must carry out, either online (from April 11 to June 30), by phone (between May 5 and June 30) or in person (from June 1 to 30). For these last two modalities, it is necessary to make an appointment online or on the phones enabled for this purpose.

In previous information published on this channel, we reported the expenses related to the car that can be deducted in the Income statement. On the one hand, we dealt with the conditions that the taxpayer must meet in order to benefit from the purchase of a new car and, on the other, we collected the concepts on the use of the car that self-employed workers can record in the declaration to rebate part of Expenses.

On this occasion we are going to talk about another matter related to the car and that affects thousands of taxpayers, such as renting a parking space. In fact, this is one of the doubts that many landlords of a garage have when preparing the draft, since they do not know if it is mandatory to declare the money received for said rent, especially when there is no contract involved.

Yes, because it is an operation that is subject to VAT and therefore must be declared, even if the rent is paid in cash through Bizum. However, there are some exceptions that do not require you to declare the lease of a parking space, as we will see later.

When a parking space is rented without it being associated with the rental of a home, the landlord will have to pay 21% VAT. In the event that it is rented together with a home, it will be exempt from taxation. However, in the case of personal income tax, you must pay taxes on the income from real estate capital, in addition to the expenses derived from the time that the parking space has been rented.

As has already been reflected previously, when the parking space is rented next to the house, it is not necessary to declare this rent in the Income. In this case, the taxpayer is exempt from declaring VAT because it is already included in the total price of the home.

The sanctions for not paying VAT would be for the landlord. As a general rule, the Tax Agency imposes a fine corresponding to the amount not paid, to which interest and payment of 50% of the defrauded amount must be added.

Yes, it is legal to do so, since lease contracts are valid from the moment two people agree to assign the use of the garage space and pay rent for it in exchange. The Civil Code establishes that for most legal transactions "contracts will be binding, whatever the form in which they have been entered into, as long as the essential conditions for their validity are met." In the case of a verbal contract, the law establishes that if the parties do not set a rental term, it is annual.