ARTICLES

Taxable event Be the owner of goods and rights in Spain of economic content before December 31  of each year. Taxable Only natural persons. Legal persons (companies, societies, etc.) are not taxed by this tax The following: In general, natural persons who have their habitual residence in Spanish territory are taxed by personal obligation, who…

Spanish regulations establish that, in order for a construction to have access to the property registry, notaries must require that the building license be provided, and all the construction documentation, including the final work certificate, etc. This is what Royal Legislative Decree Seven/2015 of October 30 says (consolidated text of the land law) However, what…

Conflict resolution The phenomenon of tourist homes within the communities of owners is one of the most controversial issues that have arisen in this matter. Renting a house for tourist purposes is not, in itself, a bothersome activity, but in practice it often generates problems of coexistence with neighbors, for example, due to the intensive…

ESSENTIAL INFORMATION TO DEVELOP THE PROFFESSION OF REAL ESTATE AGENT IN THE VALENCIA REGION – DECREE 98/2022  A new regulation has emerged in the Valencian Region/Comunidad (including Alicante, Castellón and Valencia province) that will really mean a «before and after» in the exercise of the activity of intermediary, or mediation agent in real estate transactions…

Renting your property for tourist activity in Andalucia (Malaga, Seville. Cadiz. Granada, etc.)  involves a  determinate process. First: What is a «tourist rent activity»? : This is the activity where houses and apartments are rented  and offered for holidays (and not for permanent residence)  using online platforms as Airbnb, Homeaway, Booking, etc. It’s a property…

RETURNS ON REAL ESTATE CAPITAL 1 . What is considered “earnings on real estate capital” ? Income from real estate capital is considered to be derived from the leasing of rural and urban properties, as well as income derived from the constitution or transfer of rights or power of use or enjoyment of rural or urban properties.…

Real estate yields in personal income tax. What are RETURNS ON REAL ESTATE CAPITAL ( Art. 22.1 Income Tax Law). Those derived from the lease or from the constitution or transfer of rights or powers of use or enjoyment over rural and urban real estate or real rights that fall on them, whose ownership corresponds,…

Many clients ask us, do I have to create a company in Spain to rent my property in Spain, or may I do it as Phisical/individuals? In response we have to say that it is NOT necessary to create a company in Spain to rent your home. You can do this in many ways: –…

ANDALUSIA CAVES.- A NEW SECTOR OF TOURISM DEVELOPMENT Law to Promote the Sustainability of the Territory of Andalusia (LISTA), of December 1, 2021, establishes a new and revolutionary system by which the cave houses of Andalusia will be recognized as «house», and they will be allowed to have all the privileges and benefits as a…

THE USE OF THE USUFRCUT TO REDUCE SPANISH INHERITANCE TAX It is very common to find ourselves in situations where it is advisable to study various financial possibilities in order to find the best tax formula when purchasing real estate. On many occasions we find that many of our clients ask us about the best…

HOW ARE BITCOIN, ETHEREUM, RIPPLE, ETC. TAXED IN SPAIN? WHAT ARE THE OBLIGATIONS OF THE TAX REGULATIONS IN SPAIN IN THIS REGARD? .I HAVE BOUGHT CRYPTOCURRENCIES, DO I HAVE TO PAY TAXES? It depends on the tax: INCOME TAX For income tax purposes, the mere “possession” of cryptocurrencies does not imply that they must be…

We are delighted to collaborate with a wonderful recently created event that will help Dutch investors and buyers to buy properties in Spain. It is a specialized course in the training of all the legal, administrative, commercial, and fiscal aspects involved in buying a house  in Spain. This course will be taught from March 1,…

MODIFICATIONS OF THE TRLHL IN THE IIVTNU («MUNICIPAL PLUSVALIA») BY  RDL 26/2021 (BOE 9/11/2021, IN FORCE SINCE 10/11/2021). Sales of properties in Spain are taxed with 2 taxes: – Capital Gains – Tax on the profit obtained from the acquisition and the sale of the property . This tax is paid to the Central Government…

Recent normative requires for owners of properties for tourist license activity to obtain a Civil Liability Insurance to their properties. This insurance must cover exclusively accidents that guests may suffer during their stay. For example, a fall in the bathroom with creates personal injury in the guest. But, other damages caused by the guests to…

RESIDENCY IN SPAIN FOR EU NATIONALS EU nationals when investing in Spanish properties may have different purposes for the investment. In some cases, investors just want a holiday home as second residence to stay some part of the time in Spain. In some other cases, Spanish investors take the decision to come to Spain for…

NEW NORMATIVE VALENCIAN REGION  – SPEED UP THE PROCESS TO SELL NEW BUILDINGS The Occupancy License (in Spanish “Licencia de Ocupación” ) –  also called «Certificate of Habitation» or «Certificate of Conformity» –  is an enabling title to occupy a house/apartment, and certifies that the construction has been carried out according to the applicable regulations…

Let’s imagine a company that is constituted for the promotion and construction of a house. The house and the plot are then assets of the company. While the house is being built, someone decides to buy the house with the 100 % of the acquisition of the property shares of the company. In other words,…

After  November 23, 2020, all those passengers who come from a high-risk country / area in relation to the SARS-CoV-2 coronavirus, must necessarily present, in order to enter Spain, a certificate with a NEGATIVE result of PCR (RT-PCR of COVID-19), carried out in the 72 hours prior to your trip. Travel agencies, tour operators, air…

On 2nd July a new law has came into force in Spain to regulate the Spanish residence status  of the UK citizens, which creates a new RESIDENCE DOCUMENT to be obtained for those UK citizens to wish to continue in Spain as «Spanish-EU residents».  Taking this into account, what the law is the following one: …