Real Decreto-ley 29/2026, de 6 de octubre (BOE núm. 249, de 7 de octubre de 2026).
Article 7 of Real Decreto- Ley 29/2026 amends the Ley 37/1992 del IVA (LIVA), in two provisions. Both amendments take effect from 1 December 2026.
- Art. 20.U.23(e) LIVA. Until now, the letting of a furnished dwelling was only excluded from VAT exemption if the landlord provided complementary services typical of the hotel industry (restaurant, cleaning, laundry or other similar ones). Following the reform, it also falls outside the exemption when its duration for the same tenant does not exceed 30 nights. The exception is when the rental takes place in the property in which the landlord has their habitual residence: in this case, it remains exempt.
- Art. 91.U.2.2º LIVA. These lettings are expressly taxed at the reduced rate of 10%.
Consequently, and in the event of being ratified by the Permanent Delegation of Congress within 30 working days of its promulgation, as of 1 December 2026, the letting of furnished accommodation for stays of up to 30 nights (tourist or short-term) will become a taxable, non-exempt transaction for VAT purposes, even if no hotel services are provided. This implies the following:
- Passing on of VAT at 10% on the accommodation price and issuing an invoice in accordance with the Billing Regulation (RD 1619/2012).
- Formal obligations: notifying the start or modification of business activity on the censal register (Form 036), submitting quarterly self-assessment returns (Form 303) and the annual summary (Form 390), where applicable, and keeping the VAT books of accounts.
- Deductibility of VAT incurred on expenses related to the activity: utilities, furniture, renovations, platform commissions, etc.
- Current contracts and prices: it is advisable to check whether the prices agreed or published on platforms include VAT, especially for bookings with stays or payments after 1 December 2026.
- No changes for the rental of a tenant’s main residence or for rentals of more than 30 nights without hotel services, which remain exempt.
We are at your disposal to analyse the impact in your specific case: Tax Law Department
