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Spanish accountant in Marbella informing on EU VAT number in Spain

Spanish VATMs. Sara Duarte Davidson, English speaking Accountant in Marbella has the pleasure to set our below some lines with regards Spanish and European VAT numbers.

 When you plan to buy or sell products or services in the European Union (EU) you need to be aware of the corresponding Tax implications.  These transactions are subject to a special tax system as long as they comply with certain rules.  When you comply with these rules the VAT to apply on the invoice will be zero or will be considered to be exempt from VAT depending on the transaction and will be treated differently for accountancy purposes.

Spanish VAT and European VAT number

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Execution of Works contract in Spain

building a house in MarbellaToday Spanish lawyer in Marbella, Ms. María Teresa Arcos, is are going to analyze the Spanish contract for Execution of Works, to be granted between the builder and the owner of the land. In the event that you have acquired a plot of land in Spain and you have the intention to build a structure over the same, we recommend you to take into account the following matters:

Execution of Works contract in Spain

 

-In the Execution of Works contract, the builder undertakes to carry out the work in accordance with what was agreed in the Spanish contract, and the owner agrees to the reception of the work and the payment of the price.

 

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What is considered to be a Home for Touristic Use in Andalucía?

rent house in MarbellaWhat is considered to be a Home for Touristic Use in Andalucía?

Let’s start with the definition of article 5, section e) of the current Urban Leases Act as mentioned in a previous published article on our blog. Which houses will be considered as Homes for Touristic Use? We can confirm that Spanish properties that are usually offered as holiday accommodation one or more times a year for touristic purposes will be considered as such. The specification of the usual nature and touristic purposes is related to the fact that you advertise your home in any form or in any media as a holiday or vacational rental including on the Internet or other technologies and if the house is promoted through tourism channels such as travel agencies, under the condition that these services are rendered one or more times within the same year for a total period of more than one month.

Nevertheless, the following properties are not included:  

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Tax calendar in Spain– 4th Quarter 2014

Tax calendar in Spain

This accountancy firm in Marbella has prepared a Tax Calendar 2014.

Although our Spanish accountancy firm in Marbella is still busy in dealing with the declarations of the 3rd quarter 2014 we would like already inform you on the declarations to be presented corresponding to the 4th quarter 2014.

The information included in the calendar regarding the 4th Quarter 2014 is general information and will focus on the tax obligations relevant to a majority of our clients.  For this reason not all tax obligations and declarations will be included.  If you require information on a specific tax obligation or declaration not included on the calendar please contact us and we will advise you accordantly.

OCTOBER 2014

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How to avoid subsidiary liability of tax debts of a company in bankruptcy in Spain?

safety first in SpainIn our previous article published by this multilingual speaking Spanish law firm and tax advisors in Marbella, we made it clear that in order to avoid the Spanish tax liabilities of your suppliers, it is necessary to not only pay the corresponding original invoice but also to require a certificate issued by the Spanish Tax Office (Inland Revenue in Spain) that certifies that the supplier is up to date in his tax obligations in Spain.

But … how about the tax liability in case the supplier is in a bankruptcy procedure in Spain and generally has not been able yet to comply with his tax liabilities in Spain?

According to certain statistics consulted by this Spanish law firm in Marbella, any payer generally avoids to directly contract the services of companies in a bankruptcy procedure which makes it increasingly difficult for the company to get out of its delicate situation.

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Are the financial expenses deductible from the Corporation Tax in Spain?

Profit Or Loss Keys Showing Returns For Internet BusinessCompany tax in Spain. In order to consider whether the financial expenses are deductible from the Corporation Tax in Spain, we have to take into account a double-sided limitation. The company tax in Spain is the so known Impuesto sobre Sociedades.

The net financial expenses are deductible with a limit of 30% of the trading profit of the fiscal year. Accrued interest on personal and mortgage loans are understood to be financial expenses.

Taking into account such limitation, the following expenses shall NOT be considered as deductible in general terms:

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Extra charges for extemporaneous tax returns in Spain without prior demand for payment by the tax office

spaanse belasting

Belasting in Spanje

Tax returns in Spain: “I’ve not filed the corporation tax return in Spain on time! What may the consequences be?” Or questions such as, “I have just made a return on property transfer tax in Spain and I have seen I made a flagrant mistake!” What can I do?” These are some of the consultations our clients daily make to the lawyers and tax advisers of our law firm in Marbella, Malaga.

 The consequences of not having filed a Spanish tax declaration within the due period of time or of having filed an complementary tax return in Spain where you have to settle  some additional tax, are regulated in article 27 of the Spanish General Tax Law under the title “Extra charges for extemporaneous tax returns without prior requirement of the tax office in Spain”.

1.- These extra charges mean additional payments that taxpayers need to pay as a consequence of having filed self-assessments or extemporaneous returns without prior demand for payment of the Spanish tax office.

 

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Spanish Holiday rentals as Homes for touristic use in Andalusia. Let’s take a look into the future

rent in SpainAre you the owner of a property in Malaga, Benalmadena, Fuengirola, Mijas, Marbella, Estepona, Sotogrande or any other town along the Mediterranean coast and you rent it out or you are thinking of renting it out as a holiday home?

Then you might have heard of rumours that there is a law in Spain that obliges the owner to comply with a series of requirements and some additional measures in order to rent it out.

In fact this Regional – Spanish law does not exist yet, but the legislative bodies of Andalusia’s regional government, or the so known “Junta de Andalucía”, is studying and debating the draft regulations. The definitive version and subsequent approval is expected to be ready by the end of 2014.  

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Interview with José Manuel Cerviño Sosa at Canal Sur Radio on the topic of rentals in Spain

English speaking Spanish Lawyer of the team of law firm Arcos & Lamers Asociados in Marbella.

– There are some essential topics in the rental-housing act in Spain, although more related to long-term rentals than seasonal rentals. What are the most frequent asked questions in relation to tenancy? 

At the office, we get to deal with two main topics daily. The first one is related to the contracts, that is to say, the way contracts should be negotiated and drawn up. This is dealt with case per case. On the other hand, we deal with what is known as contractual crisis. In other words, when for some reason, mostly because of non-payment of the rent, the owner or landlord tries to repossess the property by means of eviction procedures.

– And what is the situation at the time? Why does the economic crisis have so much influence on this kind of problems?

Of course it has a lot of influence. Crisis has influenced financial possibilities of tenants but also of landlords. Tenants because of their capacity related to their proportion expenses and income and landlords because most of them had a mortgage on the property they rent out to finance it. In this way, they tried to make some savings. Of course the economic crisis has had an influence on the tenancy possibilities.

– The biggest problem is undoubtedly the fear of many landlords to rent out their properties to people who cannot pay anymore after a while. I understand that in first instance one has to try to come to an agreement between both parties. In case of eviction, a court case must be held. But what can we do to prevent this? The best thing to do is to take some preventive measures, no? 

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The right of pre-emption  and right of first refusal of the Andalusian Government in Spanish Special Protected Areas

Spanish law in Marbella

This article is written especially for those wishing to buy a property in Spanish Special Protected Areas.

Article 24 of the Spanish Law 2/1989, 18th of July, by which the inventory of Protected Natural Areas of Andalusia is approved, and additional measures for their protection are established, states that, “The Government of Andalusia, through the Agency Environment may exercise the rights of pre-emption and first refusal on all transfers of “inter vivos” of plots of land located within the protected areas declared…”

In similar terms, Article 29 of Spanish Law 2/1992 of 15th June, Forest of Andalusia, states that “the Forest Administration, for the fulfillment of the purposes of this article, shall acquire ownership or any other rights of personal or real character of forest land by expropriation, purchase, exchange, donation, inheritance or legacy and by the exercise of pre-emption and of first refusal rights or any other way permitted by law.” Just as in Articles 52 and following of Decree 208/1997 of the 8th of September, by which the Forest Regulations of Andalusia is approved.

 

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