The European Commission considers that the tax rules applied to foreign nationals with a second home in Spain are not discriminatory in their respects as they apply to all, Spanish or not, who do have a fixed residence in Spain.
This was the written reply sent by László Kovács, the European Fiscal and Customs Commissioner to the two British Conservative Eurodeputies, Charles Tannock and Theresa Villiers, who last November accused the Torremolinos Council of practicing a discriminating local policy.
Both Tannock & Villiers were suggesting that the Torremolinos Council was imposing upon non resident foreign nationals a tax which was double the amount demanded from Spanish owners.
The commissioner explained that in 2003 and 2004, the said council had increased its tax and also had approved a scheme to reduce the tax charges made to owners of a first home.
But the increase did not differentiate between Spaniards and foreigners; furthermore the reduction scheme was applied equally to all citizens, including owners of a second home. For this reason it was not possible to find a legal fault.
Tanners and Villiers were maintaining that the Torremolinos Council was enforcing a tax on foreign non residents for the described properties which literally doubled the amount demanded from other owners, Spanish or not.