No money exchanged, no tourism regulations and no defined tax obligations. Home swapping between private individuals is gaining ground in Spain as an alternative to traditional holiday rentals, yet it continues to operate in a legal limbo that the Tax Agency has not fully addressed.
Each summer, a growing number of homeowners choose to exchange their properties: a flat in Torremolinos for a house in Comillas, a week by the sea for a week in the mountains. This practice – arranged either directly or through specialised platforms – has become an increasingly popular way to travel without added costs and without entering the formal holiday-rental system. However, its rapid expansion is raising new legal and fiscal questions.
A formula without a clear tax criterion
José María Salcedo, a lawyer specialising in taxation, confirms to idealista/news that the phenomenon still lacks clear administrative guidance. “I haven’t found any administrative criteria regarding its taxation. In other words, nothing from the Directorate General of Taxes, which is the body that defines how it should be taxed,” he explains. “It’s a new concept, and for the moment it has largely been overlooked for audit purposes, because the first thing that raises doubts is whether it truly reflects any economic capacity.”
Even though no money changes hands, the exchange is not a gratuitous transfer. “These are transactions with a cost, because there is a quid pro quo. You cannot occupy someone else’s home unless they occupy yours,” the expert adds.
The difficulty arises when trying to fit into the tax system a transaction that does not align with traditional categories. The exchange generates no direct income, but it does provide a benefit in kind – the temporary use of another person’s home – which complicates how it might be assessed for personal income tax and other obligations.
No clear assessments
The main obstacle lies in quantifying the economic value of the exchange. “It is not easy to assess and quantify whether there is a return in these cases, nor the possible deductible expenses, which is ultimately what would be taxed under Personal Income Tax,” Salcedo notes.
There are also uncertainties surrounding other taxes, such as VAT or Property Transfer Tax (ITP). “It is not clear what should be taxed, nor whether economic capacity is demonstrated (Article 31 of the Constitution). And if there is no economic capacity, there can be no tax.”
For now, the Tax Agency has shown little interest in regulating or monitoring such transactions. “I think it’s fair to say that these exchanges are not taxed at the moment, because no one has yet taken the trouble to determine how they should be,” Salcedo concludes. “Moreover, I suspect the Tax Agency expects to collect very little from any inspections.”
A model outside of tourism regulation
Home swapping also falls outside the tourism regulations that govern holiday rentals, as it involves neither payment nor the professional letting of a property. This makes it difficult to monitor and, for now, places it outside the remit of the regional governments responsible for tourism.
Unlike holiday rentals – where platforms must meet registration requirements, provide tax identification, and report to the authorities – home exchange is based on reciprocity and mutual trust. Agreements are typically arranged privately between individuals or through websites that connect users, but without any administrative oversight.
How home exchange is regulated in other countries
The situation is similar in other European countries. In France and the United Kingdom, home exchange is regarded as a private, non-profit activity and only triggers tax obligations if there is an additional payment or a clear economic benefit. In the United States, some platforms advise declaring the estimated value of the accommodation received as in-kind income, although most users do not.
Spain is no different: home swapping remains in a “grey area,” governed primarily by trust between participants and lacking administrative oversight.
A phenomenon between trust and a regulatory vacuum
Home exchange is emerging as a sustainable and cost-effective alternative to traditional tourism. It enables affordable travel, makes better use of existing resources and promotes collaborative, low-impact tourism. Yet its growth poses a challenge for the government: how to regulate a reciprocity-based model without undermining its cooperative nature.
For now, home swapping remains in a legal grey area – no income, no taxes and no specific regulation – yet it is steadily gaining a presence on the Spanish holiday map.