trademarks
This time, Mr. Féliz Ruiz Peña, professional English speaking lawyer in Marbella of Arcos & Lamers Asociados has the pleasure to provide you few lines on a fundamental element of your business organization, that will allow you to distinguish your products and / or services as from the competitors, approaching it from a international point of view, distinguishing between the communitary trade mark and international trademark procedure.
To learn more about national Spanish trade marks procedures please visit our web TRADEMARKS AND PATENTS
A communitary trade mark is valid across the territory of the European Union, registered with the Office for Harmonization in the Internal Market (OHIM) (Alicante, en Avda. de Europa, 4, 03008 Alicante), although the application can also be presented at the Spanish Office of patent and trade marks (with main office in Madird, Paseo de la Castellana, 75, 28046 Madrid). Read more »
Lately we are continuously hearing the term “in lieu payment” of properties that are encumbered with a mortgage when the debtor is not able to meet his obligations. The “in lieu payment” system is set out as a “solution” which will free the debtor and his family from the responsibility of having to continue to pay for a property that is not his any more. Nevertheless, these operations are subject to certain taxes, depending on the type of individuals intervening in the operation.
When a debtor gives a property to settle a debt, this is subject to the payment of the Spanish Property Transfer Tax or the Spanish VAT depending on whether it is an individual or a company that is performing the action. When dealing with a company, it then also depends on whether the property is newly built or not. The tenderer is creditor of the tenderee for its own loan claim.
In the event that the in lieu payment is made by an individual, the transaction will be subject to the Property Transfer Tax and Stamp Tax (ITP-AJD), under the modality of Transfer Tax (TPO) although this was exempt from the approval date that the law went into force by the Spanish Law Royal Decree-Law 6/2012, of 9th of March, on urgent protection measures for mortgage debtors without resources. The capital gains that could be generated in favour of the debtors were also exempt from Income Tax.
English speaking Spanish Tax lawyer of Arcos & Lamers Asociados has the pleasure to inform you on changes of the Spanish VAT Law. The Spanish government approved the new Anti-fraud law on the 31st October, modifying the Spanish VAT law in order to avoid banks using the legal figure of lieu in payment to defraud the Tax Office in Spain. The Treasury has lately detected an increase of VAT fraud among financial institutions through lieu in payment when companies wish to settle their debt with Spanish banks.
When a company resorted to the lieu in payment to settle an outstanding debt with a bank, the financial institution acquired the property for a certain value inclusive of VAT and the company had to settle the Spanish VAT payment with the Tax Office. The company in question not only handed the property over to the bank, but was also the party liable to comply with public tax administration even though the company did not receive such amount to pay the outstanding VAT with the Tax Office.
Later on, the banks could deduce the tax payment for the acquisition as they carry out such transactions through real estate assets management companies that work solely on sales and purchases of real estate and such companies may apply these kinds of deductions.
FOREGIN CITIZEN, WITH PERMANENT ADDRESS IN ANDALUCIA.
If you wish to match your situation as partners with those linked by marriage, it is a requirement to be registered as “registered partnership (pareja de hecho)” at “Registro de Parejas de Hecho” in Andalucia.
In this way, you will benefit, among others, on regional Spanish fiscal and tax regulations, specially the Inheritance Tax in Spain.
Ms. María Teresa Arcos, lawyer in Marbella has the pleasure to inform that according to data of the Ministry of Development, the stock of unsold new dwellings in Spain is of 687.523 units, and according to INE, there are 3 million of empty dwellings, being 1.8 units for rent.The objectives pursued by the aforementioned Spanish Draft Law are achieving a revitalization of the rental market in Spain, to strengthen the legal security and improve the regulation of the eviction procedure.
The Draft Law includes the following measurements: Read more »
On more than one occasion, when a client arrives at a Spanish law firm looking for advice on buying a beautiful property in Spain overlooking the sea, the first thought of the professional is to cross fingers and hope that this beautiful apartment or villa complies with the Spanish Coast Law.
Presently, we are on the eve of the approval of the Law of protection and sustainable use of the coast and amending Law 22/1988, of 28 July, on Coasts. The new Spanish law will seek to provide more “legal security” to situations that previous legislation was not able to regulate and sustainable improvement of the coast lines in Spain.
DRAFT PROJECT LAW TO BOOST THE RENTAL MARKET IN SPAIN.
Ms. María Teresa Arcos, Lawyer in Marbella, has the pleasure to announce that Spanish Congress of Ministers has adopted on the 24th August last, a Draft Project Law to make more flexible and speed the market for renting properties in Spain that would bring, a reduction on the periods of the rental contracts and the improvement of the legal security.
We proceed to answer 9 frequently asked questions arising at the time of the rental of a home in Spain.
Are you thinking to lease your property in Spain? Use de services of a Spanish lawyer!.
This post is issued by English Spoken Spanish accountant, Sara Duarte, of Spanish accountancy and law firm Arcos & Lamers Asociados.
Many people live in more than one country during a tax year (e.g. Spain plus another country). Furthermore, they could own several properties in both countries.
In order to determine your tax liabilities you need to clearly state the country of residence for tax purposes.
When you are considered to be a Spanish Fiscal Resident you will be liable to be taxed for all your Wealth and Income, obtained not only in Spain but World wide, according to Spanish Tax rules and rates – this will include all pension funds unless stated otherwise. Read more »
The below mentioned summary on the new Decree 2/2012 of 10 January, which regulates the regimen about the existing buildings and settlements over undeveloped land in the Autonomous Community of Andalusia (entered into force onFebruary 29, 2012), has been issued by the lawyer Mr. Félix Ruiz, Spanish solicitor and proffesional of the Spanish law firm Arcos & Lamers Asociados in Marbella.
This Spanish law approved by the regional Andalucía government does not pursue the so called “urban amnesty” (“amnistía fiscal”) for those buildings that somehow are in a irregular situation within the Andalucía non developed land. But just the opposite. The Decree far from giving sense to this situation, provokes new questions and increases the already chaotic regulatory about the rustic land in Andalucía. Read more »
If you are interested in setting up a new company in Spain, the following information should be taken into account. The professional team of lawyers and Spanish tax advisers of Arcos y Lamers Asociados has the knowledge and experience necessary to provide the legal fiscal, accountancy and labour advice that you may need for your Spanish company in Málaga, Costa del Sol, or any other area of Spain. Read more »
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