(English) Monthly Newsletter - Arcos & Lamers Asociados

When a client instructs our multilingual law firm in Marbella to study the legal situation of a property they would like to acquire, one of the essential documents to retrieve is the Spanish Licence of First Occupation (LFO) corresponding to this property.

The Spanish LFO is a document usually issued by municipal authorities (municipalities). It aims to ensure that the building in question complies with the conditions imposed by the (not expired) building license permission, which would have been granted at the commencement of the works and the conformity of these works with the technical project that was the basis for granting the building license. In addition, with the LFO, we may confirm that the building’s construction complies with the appropriate health and safety standards.

The essential subject of this license is the initial occupation and use of buildings as well as the elements adjacent to them (such as storage rooms and garages, which are an integral part of the whole building). The pertinent LFO in Spain is also required for those works of extension, modification and rehabilitation involving a technical project and a necessary perusal of health and safety by the municipal technicians.

Steps to be taken after the granting of your purchase sale Title Deed in Marbella, Spain

Once you have become owner of your Spanish property, you will have to carry out the following formalities, in order to have your property registered in your name at the Land Registry in Spain. Please note that this is not an automatic procedure after the signing of your public Spanish purchase deed in Marbella. The steps are to be taken by the new owner, in order to proceed and finalise the registration at the Registry as soon as possible.

1.- Payment of taxes in Marbella, Spain.

Once you have acquired your Spanish property, you will have to proceed with the payment of the taxes arising in the purchase.

Legal advice for setting up a Spanish S.L. company in Spain.

Our Spanish law firm in Marbella, Arcos & Lamers Asociados, will advise you on the type of company that would be best for you to establish, taking into account various factors such as social capital, the number of partners (shareholders) that will integrate the Spanish S.L. company, the company activity and who will exercise the function of company director.

To establish a limited company, you must have minimum initial capital of €3,000.

The requirements to set up a company are as follows:

Spanish tax Calendar – 3rd Quarter 2014

Ms. Sara Duarte, English speaking tax adviser in Marbella has prepared a Tax Calendar 2014. The information included in this Spanish tax calendar regarding the 3rd Quarter 2014 is general information and will focus on the tax obligations relevant to a majority of the clients of our firm. 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.

JULY 2014

Up to 21st July:

Income and Corporative Tax in Spain

Sellor´s guide

STEPS TO BE TAKEN INTO ACCOUNT AT THE TIME OF THE SALE OF A PROPERTY IN SPAIN (A SELLER’S GUIDE)

If you have decided to sell your property in Spain, the multilingual lawyers of our firm in Spain would advise you to proceed with the reading of the following tips. Here, you will learn what documents should be prepared, who must sign the sale’s Title Deed in Spain and what Spanish taxes you must settle at the time of the sale.

First, we advise that you contact a real estate agent in the area. As a professional, he or she will be able to help you to find a buyer for your home, and will advise you about the sale, market circumstances and preparation of an inventory of the items that will remain in the property.

The documentation to be prepared for the sale should include the following: