National Court Ruling That Rejects Discrimination Against Non-EU Citizens Who Rent Properties in Spain


This is a significant legal development regarding tax discrimination against non-EU citizens who rent properties in Spain.

The key points of this ruling are:

  1. Court Victory: The Spanish National Court ruled on July 28, 2025, that it's against EU law to prevent non-EU property owners from deducting rental expenses when filing their Spanish tax returns.
  2. Tax Discrimination Issues: The article discusses ongoing discrimination where:
    • Non-EU citizens pay 24% tax rate vs. 19% for EU residents
    • Non-EU citizens couldn't deduct property-related expenses
    • Non-EU citizens couldn't apply rental income reductions (60%-90%) available to Spanish residents
  3. Legal Battle: The lawyer Alejandro del Campo Zafra has been fighting this discrimination for years and has additional cases pending that could further level the playing field.
  4. Practical Impact: Non-EU property owners in Spain can now request refunds for overpaid taxes and deduct legitimate property expenses, similar to EU residents.
Check out www.ultimatehomes-spain.com to see a selection of very rentable Costa Blanca homes.

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