Before purchasing a property in Spain we would strongly advise you to do some research and find out how this transaction should be done, what you should look for and what you would better avoid in order to play safe and keep well away from the problems and pitfalls that others experienced in the past. [...]
We already saw in previous posts of this blog that back in 2015 the Spanish Government had to modify the national legislation on Inheritance and Donation Tax in order to adapt it to the requirements of the sentence issued by the European Court of Justice on the 3 September 2014. As a result, all the [...]
There are good news for property owners in Andalusia with the approval of the first tax measure of the new Andalusian Government (coalition of the conservative party and the liberals): the exemption of 99% in the final tax bill of the Inheritance and Donations (Gift) Tax, which is included in the Decree Law 1/2019 published [...]
The Spanish Government has recently approved the Royal Decree-Law 5/2019 of 1 March, which adopts contingency measures for a possible Hard Brexit without agreement between the United Kingdom and the EU. Article 2 of the Decree gives it a temporary character as well as conditions the validity of these temporary measures to the existence of [...]
Please note that this entry is obsolete after changes in the law interpretation criteria by the Tax Administration following various judgments of the Supreme Court. You can read more in this entry of our blog Inheritance Tax for non EU residents It is worth pointing out that Brexit would have a deep impact on the taxation [...]
The Supreme Court has declared contrary to the legal system the Revision of the General Urban Plan (PGOU) of Marbella done in 2010 and therefore it has been declared null and void. This plan sought to regularize the situation of more than 16,500 illegal housing built mainly during the local governments of the GIL party [...]
(Edited 15/04/2019 to include latest taxation changes) Fact 1 In Spain, mortis causa successions (to the estate of a deceased person) and inter vivos transactions (gifts between living persons) are taxable. The tax rate is the same although there are differences in the applicable bonuses and deductions. Fact 2 From 1st January 2015, the regional [...]
The Spanish legislation on inheritance and gift tax continues to receive setbacks. It is the turn now for the Valencian regional legislation and in particular the Article 12 bis of the Law of Valencia 13/1997 which has been declared unconstitutional. We are still far away from an ideal situation where Inheritance tax treatment is harmonized [...]
It is quite common among foreign citizens when signing their Spanish Wills to leave the assets they have in Spain first to the spouse and then to the children (in case of predeceasing, renounce or simultaneous decease). This is slightly different for Spanish citizens as due to the "legítima", which is the legal obligation to [...]
Spanish Government has already submitted to the Parliament and Senate the draft of the 2015 State Budget Law for discussion and further approval. Among the tax novelties contained in this proposal, there is one that in the event that it is finally approved without changes could seriously increase the tax bill for owners selling their [...]
EU rules against Spain on discriminatory Inheritance tax applicable to non-residents We have good news for all foreigners with properties in Spain as their future heirs will surely pay less tax and we have excellent news for non residents who inherited and paid tax in Spain over the last 4 years as they probably [...]
What is the Apostille of the Hague Convention? Traditionally, in order to use a public document abroad, it was required to authenticate (legalize) it previously, that is, that the competent authorities of the issuing country as well as the embassy or consulate of the country where it was to be used, did certify that the [...]
(Edited 15/04/2019 to include latest taxation changes) Every now and then we receive inquiries from clients who have properties in Spain in relation to the Inheritance Tax and how to limit or improve the exposure that their heirs will have to the same. There is a lot of information on this subject on the net, [...]
What does exactly pareja de hecho mean in Spanish law? It would be similar to the common law marriage. A union between two people, regardless of their sex, who want to live together in a committed and durable relationship and who are not united by marriage. How are the unmarried couples regulated in Spain? There [...]
Welcome to the blog of Vicente & Otaolaurruchi Lawyers. This is the first release of our newly created blog. Our intention is to provide an open and easy-access channel to keep our present and future clients and collaborators periodically informed about new legislation and some other interesting topics and news, related to the investment of [...]
