(English) Monthly Newsletter - Arcos & Lamers Asociados

Donation in Spain

The English speaking Spanish lawyers and tax advisers of our law firm in Marbella, Málaga, Spain are highly skilled at providing you with additional information on Donations in Spain, “donación in España.”

The Spanish donation is regulated in our Civil Code, in Article 618, which states that the donation is an act of liberality whereby a person gives something free of charge to another person, who accepts it.

What is an Donation in Spain.

This means that it is a generous act; an asset is given without waiting for a reward, is free of charge, and must be accepted by the recipient.

Reimbursement of the VAT paid outside of Spain

Did you know that you could get the refund in Spain of the Value Added Tax that you paid on invoices issued by other companies situated in the European Union and outside of Spain?

The tax advisors of the team of Arcos & Lamers Asociados, accountants and lawyers in Marbella, Málaga, Spain are pleased to inform you about the general aspects you need to take into account when requesting the refund of the VAT paid abroad to the Spanish tax office.

Remember that you cannot deduct this VAT from your tax returns you file in Spain. You must request the refund by means of Spanish tax form number 360 together with a copy of the invoices that proof you paid the VAT abroad. The form 360 will be used by businessmen and professionals who request the refund of the sums paid in the European Union for the purchase or import of goods or services.

THE CONTENTS OF YOUR PURCHASE SALE TITLE DEED IN SPAIN

Declaration of New Building in Spain

If you own a plot of land in Spain and wish to build a Villa on the same, you may ask yourself what are the necessary legal requirements, in order to legalise the property, which has just been built or is being built.

There is a Spanish legal act by which we can declare the construction of a building (or its improvements or extensions) by granting a Spanish “New Building Title Deed”.

You should register this Title Deed at the Land Registry in Spain, in order to bring the physical reality to the registry books. Basically, to provide a legal frame work of legality to the new construction.

How obtain a Nie Certificate in Spain

The Nie certificate is a Spanish Fiscal Identification number for non Spanish nationals (“Real Decreto 557/2011, de 20 de abril, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España y su integración social”). This certification does not show or proof whether you are Spanish tax resident or non Tax Resident in Spain and is only a number that identifies you as an individual in front of National, regional or local Spanish Inland Revenue. It will be requested when:

By opening a Spanish bank account
Buying a property in Spain

3 – Granting of Mortgage in Spain

Buying a car in Spain, among others.

They are three ways you can obtain your Nie Certificate.

Spanish Embassy in your home country.
Personally
Through Arcos & Lamers Asociados your accountant and lawyer in Spain.

What are the benefits if you request your Nie Certificate by Arcos & Lamers Asociados?

Capital gain tax in Spain arising from the sale of a property by a non resident

In the event that you are non resident in Spain and you are going to proceed with the sale of your property, you should take into account that, in the event that there is a gain, this income is taxable at a rate of 21%.

The capital gain amount is calculated on the difference between the sale value, which is the sale price less costs and taxes paid as vendor, and the acquisition value, being the purchase price paid when the property was acquired plus taxes and disbursements settled as purchaser.

Presently, there is a coefficient applicable per Law to update the acquisition value but, it is expected, that the mentioned coefficient is removed for owners who sell property of a certain value in the year 2015.