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question-circle My landlord in Spain wants me to in pay cash, it this legal?

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2 years 10 months ago #1264 by ESLwatch
Question:
I have found an apartment in Madrid, the landlord wants a upfront payment of 6 months rent paid in cash, I want to pay via the bank, as I have heard that this is in effect black money and I want to be legal. Can you tel me what is happening.

Answer:
This is in indeed a way of hidden money from taxes (Black money) and Spanish people have been doing so for years. The government has imposed a limited of cash transacting the total was 2.500, now (December 2016) lowered to 1.000 euros, as communicated to the press after the Consejo de Ministros early December.

Insist to the landlord that you will only pay via bank transfer do not pay via cash as you will be liable for a fine of 25% of the amount.

Definitions of cash transactions:

Hard money (paper and coins) Included national and foreign currencies.
Cheque ´al portador´ / bearer cheque in any currency
Whatever other medium, electronic or not, that could be considered as ´pago al portador´ i.e: where the origin nor the destination of the funds are clear.

The restriction is only valid for transactions where at least one professional is involved. Includes the autonomo (self employed), a shop owner and up to large companies, the amounts are valid for the total of the price of the goods or services you pay for. This also means that a vehicle, household appliances you buy, or a builder´s invoice that is higher than the max amount of 1.000 euros cannot be paid for in instalments that are lower, the total amount of the invoice counts. Nor can you pay your rent in cash (if over 1.000 euros) if you pay the rent to an agent or a bank, for example.

The same restriction is not applicable to transactions between two private individuals, nor is it applicable to transactions that tourists or non-residents make in Spain. The limit there is 15.000 euros for cash payments.

Note 1: The fines that the Tax Agency can issue are 25% of the amount that was paid in cash erroneously!

If either party involved in a cash transaction over the max. amount realise within 3 months that in fact they should have chosen another method of payment, they can alert Hacienda through a special form on their website without risk of being fined. You need to have a digital certificate installed on your computer or have applied for a Cl@ve Pin for access. Info on how to do both in the Library, Taxation and Certificates sections.
Form from the Agencia Tributaria Website

Note 2: Be aware that Hacienda will only accept proof of legal payments where you want to deduct costs on your RENTA declaration. So any invoices, if paid in cash ´erroneously´ instead of accompanied by proof of legal payment, like a bank transfer, will not be accepted.

Source: Citizens Advice Spain

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