Enter the benefits of the lease or from the sale of common areas and paying for professional and work performance, in the case of having doormen, janitors or property managers. These are just a few examples of the activities you can have a community of owners. Although by law it does not have legal personality, it does hold the status of “taxpayer”, so it will be subject to the payment of taxes. What are these taxes and who is responsible for fulfilling the obligation to the Treasury? Experts clear the doubts in this area.
“In many cases, neighboring communities carry out economic activities that generate income, such as the placement of tarpaulins with advertisements on the facades”, Emphasizes Mercedes Blanco, general director of Happy Neighbors, a company specialized in property administration. However, to determine the taxes that they will have to pay, it will be necessary to take into account the type of activity that they carry out.
It is true that “there are no taxes that are specifically levied on the communities of owners directly,” they highlight from the General Council of real estate agents (Coapi), “but this does not mean that they do not have tax obligations.” The most basic of them is to have a tax identification code (CIF), essential to carry out operations with the Tax Agency. “Due to the advance of digitization, it is also important that the neighborhood community has an electronic certificate that allows the presentation of self-assessments of taxes, declarations or communications with the Treasury,” adds Blanco.
They must also present, in February, form 347. It is “an annual statement of operations with third parties, in which payments that exceed 3,000 euros or purchases of goods or services that are made outside of professional or business activities “, explains Blanco, who adds:” community supplies of fuel electricity for use and water consumption, together with insurance for common areas, should not be included. “
More controls against fraud
Likewise, you will have to enter the Treasury VAT, through a quarterly statement, if the community carries out economic activities such as the leasing of common spaces. If these are intended for housing, however, they are not subject to VAT, although they are subject to VAT. Personal income tax.
From the Coapi they emphasize that “the income generated by the community of neighbors is imputed to each one of the community members as income or imputed income for them to declare to the Treasury, which is known as the income attribution regime. It is true that there are communities that reduce the expenses they have incurred with that income, but this “does not mean that they have to declare,” they settle.
“The person responsible for the imputed income is each of the co-owners,” they point out from Coapi. However, in his case, “you can claim responsibility for negligence to the president or secretary.” In many farms the latter is usually the administrator. “It is he who has to draw up the model 184 for the allocation of income, detailing what is charged and what corresponds to each co-owner.”
“Although neighboring communities are not usually a focus of tax evasion, in recent years the Tax Agency has become more firm when it comes to pursuing possible fraud,” says Blanco, “so it is necessary to meet the deadlines and scheduled dates for the corresponding presentations at the Treasury ”. And from the Coapi they recall that “non-compliance carries with it the same sanction that is applied to the rest of the tax subjects.”