Articles in the Featured Category
CONVEYANCING, euribor, Featured, lawyer, legal advice, mortgages »
About a month ago, the European Court of Justice (ECJ) ruling caused a great stir among Spanish media. This court judgment has been originated from a preliminary ruling handed down by the Mercantil Court nº 3 of Barcelona, as a result of the mortgage foreclosure procedure between an individual and La Caixa Bank. This preliminary ruling intends to clarify if Spanish legislation complies with the consumer protection requirements regulated by the European Directive 93/13/ECC. This Directive was approved to ensure consumers’ protection against their disadvantageous position with respect to a …
assimilated out of ordination, building permit, CONVEYANCING, english speaking solicitor, Featured, lawyer, legal advice, non developable land, out of ordination, Property law, solicitor, solicitors Nerja, torrox, undeveloped land »
One of the legal problems affecting some owners of properties on non-developable land has originated in the last ten years with the invalidity of building permits, which protected these constructions on non-developable land. This invalidity has been obtained in most of the cases by means of the corresponding contentious-administrative court proceedings.
First of all, the invalidity of a building permit would imply the demolition of what has been built under this permission on specially protected non-developable land; in case of common non-developable lands (without special protection), this invalidity may imply the …
Featured, Income, lawyer, legal advice, malaga, resident, Tax Law, tax resident, taxes »
The Spanish Government passed on the 15th of November 2012 a Royal Decree providing the liabilities to inform about assets and rights located abroad. This information is available at http://www.boe.es/boe/dias/2012/11/24/pdfs/BOE-A-2012-14452.pdf.
This liability only affects resident taxpayers; non-residents are not liable for submitting this tax return.
Any account in financial institutions and any kind of real property or real property rights of ownership shall be declared, as well as any securities, interests, insurances and incomes, which are deposited, managed or obtained abroad.
Taxpayers shall inform about these assets and rights which they own abroad …
FAMILY LAW, Featured, Inheritance Tax, legal advice, NON RESIDENT, PREVENTION, PROBATE LAW, taxes, wills »
Currently, non-resident taxpayers face two major problems in respect to the payment of Inheritance Tax in Spain:
1. Discrimination: non-residents pay much more taxes than residents.
2. Double taxation: this tax is payable in two different countries for the same inherited property.
In Spain, taxes are paid for inheritance between non-residents—even though they are immediate family members, spouses, parents, children…, upon application of the government regulations, that is, a progressive scale of taxes based on the transferred property value.
However, regarding inheritance between residents—immediate family members—taxes are much lower or even not paid, as …
Andalucía, assimilated out of ordination, CONVEYANCING, english speaking solicitor, Featured, lawyer, malaga, out of ordination, undeveloped land »
As a result of the terrible fire initiated last Thursday 30th in Coin, an estimate of 100 to 200 properties built on non-developable land within the municipal area of Coín, Mijas, Marbella, Ojén and Alhaurín el Grande were severely damaged and some of them completely ruined.
In this year 2012 the Decree 2/2012 for the regulation of buildings and scattered rural settlements on non-developable land in Andalusia was passed by the Andalusian Regional Government in January to put a stop to the problem of thousand of properties on non-developable land. However, …
conveyancing, CONVEYANCING, developer, english speaking solicitor, Featured, legal advice, Property law, Property law, taxes »
The Spanish Government, particularly Mr Cristobal Montoro, Chancellor of the Exchequer, has announced last Friday 13th of July that, from the 1st of January 2013, will apply a VAT of 10% (of the declared value of the property) to new properties, with regard to the current 4%.
During the press conference after the Council of Ministers, the Chancellor has recalled that the application of the reduced VAT (4%) for the purchase of a property had an “expiry date”, that the Government has stated today for the beginning of 2013.
Mr Montoro has …
Capital Gains, CONVEYANCING, discount, english speaking solicitor, Featured, Headline, Income, legal advice, malaga, NON RESIDENT, resident, solicitor, taxes »
Regarding the current financial situation, which is reflected in the drop of property sales in Spain every three months, the Spanish Government has passed a new tax exemption. This exemption tries to promote the sale of properties and may become very interesting for both individuals and bodies corporate considering buying a real estate property in Spain in the short term, whether they purchase commercial premises, homes, offices, garages, plots, storage rooms, etc.
On the 12th of May 2012, the Central Government passed the Spanish Royal Decree-Law 18/2012 of 11th of May …
conveyancing, CONVEYANCING, Featured, Income, lawyer, legal advice, NON RESIDENT, PREVENTION, Property law, solicitor, taxes, torrox »
The Spanish Constitution and the regulations (tax and social) developed thereof, regarding the protection of the elderly, guarantee that the elderly will receive a comprehensive system of care and protection that promotes and enhances the wellbeing of this section of the population, within which this article highlights the area of economic protection.
The purpose of this type of protection is to formulate a system of regulations that provide the elderly with the necessary economic resources, which will contribute towards their independence and improve their quality of life.
As principle provisions or benefits …
Featured, Headline, Inheritance Tax, lawyer, legal advice, PROBATE LAW, resident, taxes, wills »
The Inheritance tax imposes taxes on an inheritance received because of death. This tax is paid after a person’s decease and the heir is the taxpayer legally bound to pay it. It shall be paid within the following 6 months since the person deceases. Here below we present an example in order to obtain a better understanding on this tax:
Mr. Smith deceased last January 2012; once he retired and sold his home in England in 2003, he moved together with his wife to Andalusia. Then, they bought a small semi-detached …
assimilated out of ordination, conveyancing, CONVEYANCING, developer, Featured, Headline, legal advice, out of ordination, Property law, Property law, undeveloped land, URBAN LAW, urban plan »
We have recently known, through our clients’ consultations, of the situation that most of the owners of La Axarquía area suffer, which comes from the lack of a License of First Occupation on their properties, particularly, regarding those problems with contract the supplies, such as the electricity supply for their first time or for its restoration, after being cut off by the electricity company (i.e. end of construction site temporary power).
The License of First Occupation is a certificate issued by the town hall that confirms that a newly-built property fully complies with …