Legal Q & A

How to Reclaim Payments made to Banks due to Abusive Mortgage Terms in Spain

16/01/2018
How to Reclaim Payments made to Banks due to Abusive Mortgage Terms in Spain

In this third and final article we are looking at the rights and responsibilities of property owners in Spain, we look at the rules that regulate Community meetings.

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Dealing with a leased property when separating from partner

09/06/2017
Dealing with a leased property when separating from partner

I am splitting-up with my partner and I am wondering about the lease on our apartment. The lease is currently in my name. Who has rights to the apartment?

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Companies Liabilities for Employee’s Criminal Actions in Spain

28/04/2016
Companies Liabilities for Employee’s Criminal Actions in Spain

Following reforms carried out to the Spanish Penal Code in 2010 and 2015 corporations may now be liable for the actions of their employees.

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Buying a Greenbelt Property in Spain

26/04/2016
Buying a Greenbelt Property in Spain

An architect’s report will specify whether, according to local bylaws and planning regulations, there is any possibility that a works licence will be conceeded

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Tax Demands sent by the Valencia Tax Authority likely Illegal

26/04/2016
Tax Demands sent by the Valencia Tax Authority likely Illegal

Many property purchasers in the Valencia Region may be able to claim against an illegal tax demand made by the Valencia Tax Agency

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Reduction of Child Support & Alimony Agreements in Spain

26/04/2016
Reduction of Child Support & Alimony Agreements in Spain

Conscious of the difficult financial situation in which many people find themselves, judges are nowadays prepared to permit somewhat surprising reductions in child maintenance and alimony provisions, previously agreed by the parents of the child or awarded by the court.

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Landlords: VAT must be charged if tenant carries-on business activity

26/04/2016
Landlords: VAT must be charged if tenant carries-on business activity

if your tenant decides to begin carrying-out a business activity in the rented property. In this case , you have the obligation to deduct VAT and then make the corresponding quarterly VAT declarations to the Spanish Tax Office.

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Landlords: VAT must be charged if tenant carries-on business activity

26/04/2016 0 Comments
Landlords: VAT must be charged if tenant carries-on business activity

if your tenant decides to begin carrying-out a business activity in the rented property. In this case , you have the obligation to deduct VAT and then make the corresponding quarterly VAT declarations to the Spanish Tax Office. Source: Advocate Abroad      

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Changes to property valuation in Valencia

19/04/2016
Changes to property valuation in Valencia

What happens when a relationship comes to an end and one partner wishes to sell the property while the other does not?

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New Legal Requirement to Register Holiday Homes in Andalucia

31/03/2016
New Legal Requirement to Register Holiday Homes in Andalucia

The Decree provides that inspections will take place and that the owners of any property in which this activity is taking place, and that is not registered, will be liable to a fine of between 2001 € to 18,000 €.

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Changes to Spanish Inheritance Tax for Non-Residents

31/03/2016
Changes to Spanish Inheritance Tax for Non-Residents

if the deceased was not resident in Spain , heirs not resident in Spain can apply the rules of the Autonomous Community in which the majority value of their assets are located. If the heirs are resident in Spain , the rules of the Autonomous Community where they reside shall apply.

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Child Custody & Visitation Rights in Spain

31/03/2016
Child Custody & Visitation Rights in Spain

How can a property in Spain, owned by a non-resident couple who have divorced in their country of origin, have the title transferred to the spouse who is to retain ownership, and what are the taxation implications?

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Changes to Inheritance tax in Galicia in 2016

31/03/2016
Changes to Inheritance tax in Galicia in 2016

The president of the Galician government, announced in October 2015 that inheritances with a value up to 400.000 euros will be exempt from tax from 1 January 2016.

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Tenants: Ensure the Return of your Deposit when your lease ends

31/03/2016
Tenants: Ensure the Return of your Deposit when your lease ends

Some tips for Tenants on how to avoid problems with the return of their deposit when leaving a Rented Property in Spain.

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Changes in European Trademarks’ Regulations

28/02/2016
Changes in European Trademarks’ Regulations

In general terms, the modified regulation confers more rights to the owners of EU trademarkas in order to prevent that trademark being counterfeited…

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Tax Implications of Property Distribution in Spain following Divorce

26/02/2016
Tax Implications of Property Distribution in Spain following Divorce

for the tax benefits available and the simplicity of the subsequent registration procedure, such agreements should be clearly incorporated into the Divorce Agreement

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Potential Pitfalls of buying an old property in Spain

26/02/2016
Potential Pitfalls of buying an old property in Spain

Many properties from the beginning of the 20th century do not follow the current legal system. For example, some of them do not even comply with the urban development plan

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Buying a Car in Spain to Export

25/02/2016
Buying a Car in Spain to Export

Buying a Car in Spain to Export Nowadays, buying a vehicle in Spain, second hand or classic (defined as a car  at least 25 years old) , in order to transfer it abroad can be a great option. Especially classic cars, whose prices are very accessible in the international market due to the delicate Spanish […]

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All You Need to Know About…Taxes & Costs When Buying or Selling Property in Spain

25/02/2016
All You Need to Know About…Taxes & Costs When Buying or Selling Property in Spain

For EU citizens, only the costs that are directly related to the generation of the rental income are deductible (e.g. agents fees, cleaning, laundry, repairs and maintenance).

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Breathalyser Tests in Spain

29/01/2016
Breathalyser Tests in Spain

There are two types of breathalyser used by the police in Spain – one is a mobile design, used by the Police when out on patrol. It is more rudimentary and less precise than the larger version that is used in Police Stations.

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Should I make a Spanish Will?

29/01/2016
Should I make a Spanish Will?

Since the 17th of August 2015, European Regulation 650/2012 is the legislation that governs and determines the law of succession of which country should be applied when considering a cross-border inheritance.

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Supreme Court Decides What Makes a Loan Unfair

29/01/2016
Supreme Court Decides What Makes a Loan Unfair

A judgment by the Spanish Supreme Court, of the 25th of November, 2015, has invalidated as ‘usurious’ a contract for ‘revolving credit’ offered by a finance company that provided access to ‘Fast Loans’ with interest rates up to 24.6% APR (Annual Percentage Rate).

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Making Consumer Complaints in Spain – what are your options?

30/11/2015
Making Consumer Complaints in Spain – what are your options?

If an amicable agreement cannot be reached or if the solution offered by the company or professional is not satisfactory, then the customer can then submit a formal complaint via an Official Complaints Form

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Why Send Legal Notifications by Certified SMS Text?

29/11/2015
Why Send Legal Notifications by Certified SMS Text?

Compared with the traditional means of reliable notification, the BuroSMS is ecological, much faster, safer and easier to use. Besides not having to leave their workplace, the cost is considerably lower than Burofax or registered letter.

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Dissolution of Property Co-Ownership in Spain

29/11/2015
Dissolution of Property Co-Ownership in Spain

What happens when a relationship comes to an end and one partner wishes to sell the property while the other does not?

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Selling a Property in Spain: Taxes and Other Costs

29/11/2015 0 Comments
Selling a Property in Spain: Taxes and Other Costs

It is worth noting that nowadays this tax is somewhat questionable …for this reason… some Courts have expressed opposition to the interpretation of the law by the Town Halls, considering that in order for the Plus Valia tax to be payable, it is necessary for there to exist a real increase in the value of the property.

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The legal regulations for B&B’s and Holiday Homes in Spain

29/11/2015
The legal regulations for B&B’s and Holiday Homes in Spain

While many people who visit Spain would love to stay, it can be difficult to find employment, like they would in their country of origin, as a result of language difficulties and a stagnant local jobs market. As a result, many take the opportunity to set-up a business, often for the first time, and taking […]

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Relocating Employees to Madrid

09/11/2015
Relocating Employees to Madrid

Relocating an employee to live in another country is now a commonplace requirement for any international company, while individuals also seek worldwide job opportunities. Moving an employee to Madrid represents a number of particular challenges, particularly with language but also culture.

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Process for a Foreign Based Holiday Lettings Company to establish a Branch in Spain

28/10/2015
Process for a Foreign Based Holiday Lettings Company to establish a Branch in Spain

Process for a Foreign Based Holiday Lettings Company to establish a Branch in Spain

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Is a Divorce Agreement, signed by the Spouses but not ratified in Court, still enforceable?

28/10/2015
Is a Divorce Agreement, signed by the Spouses but not ratified in Court, still enforceable?

In some cases, in my opinion, it might be maintained that it would be possible to enforce terms of a separation when the spouses have decided to live apart and have agreed verbally such terms as, for example, child maintenance payments.

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