Guide
Holiday-let tax in Málaga: modelo 210, income tax and deductible expenses
Founder of Casa del Sol Holidays · Airbnb Superhost in Málaga
Letting a holiday home in Málaga creates different tax obligations depending on where you are resident, and the split between EU and non-EU residence is the one that moves the most money.
This guide separates the three cases — Spanish resident, non-resident within the EU/EEA, and non-resident outside it — and covers what is declared, when, and what can be deducted.
Who declares what
The tax and the form depend on your tax residence, not your nationality:
- Spanish resident
- Rental income goes into your annual IRPF return as property income, or as business income if you provide hotel-style services.
- Non-resident, EU/EEA
- Non-Resident Income Tax via modelo 210, at 19% on net income, with the right to deduct expenses.
- Non-resident, outside EU/EEA
- Modelo 210 at 24% on gross income and, as a general rule, no deduction of expenses.
That asymmetry — a higher rate on a larger base — is why many British owners saw their bill rise after Brexit, and it has been the subject of litigation.
Modelo 210 in practice
Modelo 210 is the Non-Resident Income Tax return. It is filed with the Agencia Tributaria and covers income earned in Spain by someone not tax-resident here.
Filing frequency for rental income has been simplified in recent years toward an annual return, rather than the quarterly filing many owners remember. Exact deadlines and direct-debit rules change from year to year, so confirm them on the tax authority's portal before each filing.
If the property has several co-owners, each declares their share according to their ownership percentage. There is no single joint return for the property.
Which expenses you can deduct
Where you are taxed with a right to deduct, expenses must be directly linked to the declared income and pro-rated across the days the property was actually let. The usual ones:
- Management commission
- What the owner pays the company running the let.
- Cleaning and laundry
- Where invoiced to the owner and not charged on to the guest.
- Utilities
- Electricity, water, gas and internet, pro-rated by days let.
- Community fees and IBI
- Community charges and property tax, on the same pro-rata basis.
- Insurance
- Home and public-liability cover linked to the activity.
- Repairs and upkeep
- Maintenance costs; improvements that add value follow a different regime and are depreciated.
- Building depreciation
- An annual percentage of the construction value, not the land value.
- Mortgage interest
- The interest portion attributable to the let period.
Do you charge VAT?
Letting a holiday home without providing hotel-style services is, as a general rule, exempt from VAT.
The exemption falls away when the owner provides complementary hotel-type services during the stay: cleaning and linen changes mid-stay on a regular basis, permanent reception and guest attention, catering. The activity then becomes taxable at the applicable reduced rate.
Changeover cleaning between guests does not, on its own, make the activity hotel-like.
Local charges and other obligations
Beyond national taxation, keep in mind the obligation to register guests with the competent authority on every check-in, and any charges or requirements an individual town hall may impose.
Andalusia does not currently apply a regional overnight tourist tax equivalent to some other regions, but it is a recurring policy discussion and worth reviewing periodically.
Frequently asked questions
How often is modelo 210 filed on a holiday let?
Recent policy has simplified rental-income filing toward an annual return, against the quarterly filing that used to apply. Confirm the current year's deadline on the Agencia Tributaria portal before filing.
I'm British and non-resident. Can I deduct expenses?
The general regime for non-EU/EEA residents applies 24% to gross income with no deduction. This has generated litigation and is a point worth taking specific advice on, because the answer can depend on your circumstances.
Do I have to charge my guests VAT?
Generally no, if you provide accommodation and changeover cleaning only. If you provide hotel-style services during the stay, the exemption falls away.
Can I deduct my management company's commission?
Where you are taxed with a right to deduct, the management commission is an expense directly linked to the income and is pro-rated by days let, like the rest.
There are two of us on the deed. One return or two?
Each co-owner declares their ownership percentage separately. There is no single return for the property.
Before you act
This guide is general information, not tax advice. Rates, deadlines and deduction rules change from year to year and depend on your personal circumstances. Always check with the Agencia Tributaria or a gestor before filing.
Sources
The rules change. This guide is dated so you know when it was last checked.
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