NEW TAX OBLIGATIONS FOR PROPERTY AGENTS.

Royal Decree 828/2013, published in the Official Gazette on October 26, determines that the community property in horizontal property regime must submit the statement of transactions with third parties model 347. This tax liability extends to all communities owners who do not develop any type of business, but conduct transactions with third parties during the year have exceeded the 3,005.06 euros. The model 347 for the year 2014 must be submitted during the month of February 2015.

The operations must be declared not refer in any way to the purchase of supplies of fuels used for electricity or Community consumption. Nor they have to go for water supplies and insurance whose purpose goods securing areas and common elements. They must declare expenditure in excess of 3,005.06 euros and corresponding to, for example, maintenance and conservation works, management fees, etc.

Yes they are, however, required to submit the model 347 with relevant VAT declarations and filling in the 184 communities to develop business or professional in accordance with regulations of VAT activities. That is, renting local community elements such as facades or roofs, among others; (Eg phone antenna on the roof of the building).

The breach of this obligation may result in administrative sanctions by the Treasury. If the community does not present on time the Model 347 could be punished with a monetary fine fixed up to 20 euros per item or set of data relating to the same person or entity that should have been included in the declaration, with a minimum of 300 euros and a maximum of 20,000 euros. However, if the Form 347 is filed after the deadline, but without having been required by the Treasury, the sanction and the above limits would be reduced by half.

But in addition to the sanctions, there are many other disadvantages to the Community of Owners who do not submit the 347. For example, it is well known that when a Community intends to apply for grants or subsidies, are required to submit (together with the application for aid ) the certificate or declaration be current with tax obligations. Therefore, those communities which do not have the Model 347, may not be eligible for aid or subsidies.

It is therefore advisable that the administration of a Community is led by professional associations that can meet not only with tax regulations, but with all those that are applicable to the Community of Owners.