Regulation of European Union en matters of succession. European Certification of Succession. II

Inheritance in Marbella and SpainFollowing our post REGULATION OF EUROPEAN UNION IN MATTERS OF SUCCESSION. EUROPEAN CERTIFICATE OF SUCCESSION.I (see here) Regulation No. 650/2012 is coming to unify the different European rules on succession matters and the granting of a European Certificate of Succession.


Inheritance, Wills and succession in Spain


In a later post will discuss the main characteristic of this European Certificate of Succession, although now will provide you some guides about the Regulation 650/2012, which comes into effect on August 17, 2015.

This Regulation establishes as general rule that the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death (we will not come to regard as this rule affects our internal law that states that the succession shall be governed by the national law of the deceased at the time of his death … (art. 9.8 Civil Code).

Income tax in Spain 2015, Taxation on income of savings 2015

taxes in SpainFor the income tax return of the year 2014, the gains and losses of assets arising from conveyances with vesting period equal or lower to a year, were included in the general tax base, whereas such gains and losses with a vesting period of more than a year were included in the tax base of savings.

The applicable legislation regarding the obtaining of the income tax return for natural persons (IRPF) has eliminated such difference between long term and short term. This means that from 01.01.2015, all gains and losses of assets arising from conveyances shall be included in the tax base of savings.

Taxation on the tax base of savings

The capital gains generated by the purchase-sales of assets shall be taxed as part of the tax base of savings of the scheme for IPRF; independently of the vesting period.

In this way, from 2015 onwards, all capital gains shall tax the same percentage that corresponds to the tax base for savings:

Inheritance in Spain, reductions on inheritance tax in Andalucía (I)

Spanish inheritance taxAre you the owner of a property in Spain? Then you must be aware that in the Autonomous Community of Andalusia you can apply for a series of reductions on the corresponding Spanish Inheritance tax base.

Reductions on the Inheritance tax base in Andalucía.

Certain relevant reductions will be applied onto the tax base of the inheritance and gift tax. In Andalusia, we must add on top of the general reduction also the so-called autonomous reductions as well as bonuses on top of the national reductions set out in the different autonomous regulation.

Bonuses on top of the general Spanish inheritance tax reductions

The general tax reduction bonuses are applied based on the following adjustments:


Regulation of E.U. in matters of succession. European Certificate of succession. I

 Testament in Marbella SpanjeEuropean regulations with regards the Inheritance, Wills and Succession in Spain will enter in force as from 17.08.2015.

Our Spanish law firm in Marbella is frequently approached by European citizens concerned about the situation in which their assets located in Spain after their decease, the law applicable to their succession or taxes payable.

The European Union seeks to facilitate “the proper functioning of the internal market should be facilitated by removing the obstacles to the free movement of persons who currently face difficulties in asserting their rights in the context of a succession having cross-border implications. In the European area of justice, citizens must be able to organise their succession in advance. The rights of heirs and legatees, of other persons close to the deceased and of creditors of the succession must be effectively guaranteed.”


We refer to specific Inheritance issues that may appear for European citizens. European Union approved in 2012 a Regulation (Nº 650/2012, 4th July 2012) regulating jurisdiction, applicable law, recognition and enforcement of decisions and public documents and on the creation of a European Certificate of Succession.

Which are the non-profit organisations in Spain?

non profit organizations in Spain 1This information is given to you by Arcos & Lamers Asociados, your lawyer in Marbella, Malaga, Spain.

The non-profit organisations are subject to a special tax regime set forth in law 42/2002 and the development regulations number 1270/2003.


The 6 most important non-profit organisations are:

1)  Non-profit foundations.

2)  Public utility associations.

3)  Non-governmental development organisations under the legal form of a foundation or association.

4)  Delegations of foreign foundations.

5)  Spanish sports associations.

6)  The Spanish Olympic and Spanish Paralympic Committee.


Spanish Tax rates on a general scale of the year 2014, 2015 and 2016

Belasting in spanjeIn a previous article, we talked about the tax rates and their scale to be applied on the savings tax rate. This time, we want to inform you about the general scale.

Likewise, we have talked about the scale for the Income Tax for Natural Persons (IRPF) for the return of 2014, which is to be filed and presented before the 30.06.2015.

But, what will happen from 2015 onwards with all these tax reforms?

To start with, in 2015 the number of scales will be reduced. Instead of seven scales in 2014, this will be reduced to only five scales. The only purpose of the legislator is to try and simplify the scales for the income tax. As you can observe in the comparisons made below, also the progressivity in the income tax is reduced. For the year 2016, that is to say, for the tax return that will be filed in 2017 for the fiscal year 2016, the tax rates are reduced with maintenance of those five scales.

Scale IRPF 2014

Taxes for non-residents. Capital gains in Spain

Tax in spainCapital gain tax in Spain. This information is drawn up to inform you about the capital gains that may arise from the sales of real estate in Spain. Do not hesitate to contact our lawyers or accountants of this English speaking law firm in Marbella, Málaga, Spain for more information.

Which Spanish tax law is applicable if a non-resident sells his property in Spain?

The Spanish capital gain tax that arise from the sales of a property for non-residents is not subject to the rules of IRPF (Income tax for Natural persons) but to the rules set forth in the law on IRNR (Income tax for non-residents), so known Impuesto Sobre la Renta de No Residentes.

What is the major new introduction on taxes for non-residents in Spain?

In order to ease the free circulation of citizens within the EU and the EEE, the taxpayer who is a non-resident in Spain is allowed to be exempted from the tax on capital gains that arises from the sales of what was his habitual residence in Spanish territory provided that that sum is being reinvested into a new habitual property. Nevertheless, the obligation of the 3% remains valid.

Tax rates in Spain


Calendar Income Tax in Spain 2014 to be presented in 2015

Spanish tax calendarYour fiscal advisor, expert accountant and lawyer in Marbella have the pleasure to present you the calendar in order to make your tax return.

      When does the Spanish tax campaign for the year 2014 start?

The Spanish Income tax campaign 2014 starts on the 7th of April 2015.

The draft tax return and/or fiscal details may be obtained online from the 7th April 2015 till the 30th June (24h). Likewise, the Spanish Tax Office will attend you by phone from Monday till Friday from 9am till 9pm.

The consolidation of the domain for extinction of usufruct in Spain

advocaat in marbellaThere are situations in which a property, for different circumstances, is registered at the corresponding Spanish Land Registry, divided between “bare ownership” and “usufruct”.

Definition of the usufruct in Spain.

The Spanish Civil Code defines the usufruct as the right to enjoy the goods of others with the obligation to keep its form and substance, unless the title of its constitution or the law authorise other way. (Article 467 CC).

Company tax in Spain 2015, main 15 amendments

company tax in SpainReforms of the laws 26, 27 and 28/2014. Corporation tax:


The fiscal advisors of our law firm in Marbella, where you may find accountants and lawyers under one roof, have the pleasure to inform you about the most relevant modifications on the Spanish Company Tax. These Spanish Tax modifications shall enter into force from the 1st January 2015.

  1. A new concept of economic activity regarding rental activity of real properties is given. It shall not be obligatory any more to have a trade premises and it is enough that one person is registered as a full time employee.
  2. The concept of “holding company” or “asset management company” is acknowledged to be a company that does not carry out any business activities or companies with more than half of their assets composed of values and is not related to business activities.