The registration of a sale / purchase contract is not compulsory; however, this can protect owners against third parties who may claim other non-registered rights against the property.

Yes. An NIE number will be used to pay inheritance taxes by the beneficiaries in Spain.

If they cannot come to Spain to apply for an NIE number, then an NIE number can be applied for on their behalf using a power of attorney.

Whilst it is recommended that the beneficiaries of your will come to Spain to deal with the estate, it is not strictly necessary.

A lawyer in Spain can act on the beneficiary’s behalf using a power of attorney which can be signed in the beneficiary’s home country.

 

The tax liability is for the owner so the tax receipt will be issued in the landlord’s name.

The simple answer to this question is that you will pay inheritance taxes wherever your assets are located.

So for example if you live in Spain, own a property there and have no assets outside of Spain, the beneficiaries of your will shall be obliged to pay inheritance tax in Spain on their share of the value of the property that they inherit.

The European Community Trade Marks and Designs Registration Office states that, a sign or symbol which aims to distinguish the goods and services of one organisation from another and is registered with OHIM and valid throughout the European Union in accordance with the provisions of the CTM Regulations, is a Community Trade Mark (CTM).
A Community Trade Mark has a unitary character and an equal effect throughout the European Community.
Its owner has the exclusive right to use the trade mark and to prevent third parties using the same or a similar mark for identical or similar goods or services as those protected by the CTM, without consent.

A Community trade mark shall be obtained by registration and it is valid for 10 years, although it can be renewed indefinitely for the same period of ten years.

The main advantage of a CTM is that it is valid and protected in the whole European Union.

The easy answer to this question is one year from the date of the accident or one year from the date of a full recovery by the claimant, as certified by a doctor.

We would always recommend interrupting the limitation period within one year of the date of the accident if there are no ongoing legal proceedings.

The limitation period for criminal matters is six months and for civil matters it is one year. However there are exceptions for accidents that occur on cruise ships, in a port, airport, or in government buildings so it is advisable to consult with a lawyer as soon as possible after the accident.

In Spain the amount of compensation payable for a personal injury claim resulting from a road traffic accident is calculated in accordance with a strict scale system. These scales are also used as a guide for claims resulting from other types of accident. The assessment of compensation is based on three main points:-

1. Period of Hospitalisation

This is the number of days a victim has had to spend in hospital as a result of the accident, and a set amount is awarded for each day.

2. Period of Incapacity

This period is divided into ‘total incapacity’ – the time during which the victim is unable to carry out any of their usual day to day activities; and ‘partial incapacity’ – the time during which the victim is able to carry out usual day to day activities, but is still receiving medical treatment. Again, a fixed sum is awarded for each day of total incapacity and for each day of partial incapacity.

3. Permanent Symptoms

These are any permanent symptoms that the victim is left with as a result of the accident, after the period of partial incapacity and when medical treatment has finished. Points are awarded depending on the severity of these symptoms, and each point has a monetary value.

In order to deal with an acceptance of inheritance in Spain, it is necessary to calculate the value of the assets upon which inheritance tax must be paid.

Accounts and property are the most common assets held by expatriates in Spain. With regard to accounts, the necessary certificates must be obtained from banks and building societies confirming the value of any accounts at the date of death.

If there is a Spanish property in the estate, it is also necessary to obtain a copy of the escritura and the latest town hall rates known as IBI. Once the value of the property and the amount of money held at the date of death are ascertained, the value of the estate is calculated.

Following the deduction of funeral expenses and any other debts, the resulting figure is the taxable value of the estate.

In essence the local tax known as IBI which stands for “Impuesto sobre Bienes Inmuebles” charges the right of ownership/usufruct/surface/administrative concession on urban or rustic real estate, being calculated and collected anually by the local authority in charge of the municipality where the property is located.

The calculation is made on the basis of the “Cadastral Value” as per the Cadastral Registry records, which includes the value attributable to the land and the value attributable to the building if any.

When fixing cadastral value several criteria (urban planning circumstances of the land, market value, building circumstances, etc) are taken into account. The cadastral value can be updated by applying certain indexes which may vary in each specific case. It is possible to challenge cadastral values in accordance to applicable Law.

By applying the rate on the cadastral value the payable tax will be obtained. There are maximum and minimum rates which can be increased by each Town Hall under certain requirements. There are certain benefits which may reduce the payable tax if legal requirements are met in certain cases (i.e. official protection property)

If you have assets in Spain it is advisable to have a Spanish will. If you do not have a will and if you have no relatives, your assets will revert to the British Government.

If you do have relatives, the absence of a Spanish will incurs delay and extra cost, which can be avoided if you have a Spanish will.

To save time and money and ensure your assets are left to a relative, friend or charity, the easiest way to achieve this is by signing a Spanish will.

If you are a resident in Spain for more than six months a year there is an obligation on you to present a Spanish tax return between May & June in the year subsequent to you becoming a Spanish resident.

Even if you have very little income or your income is taxed in your home country, there is still an obligation for you as a Spanish resident to present a Spanish tax return even if this is a nil return!

During judicial proceedings in these circumstances, there are three options open to the judge:

1. Public auction of the property ("Subasta")

2.  Private agreement between parties ("Convenio Privado de Realización")

3. Enforcement by specialised agent or company ("Realizacion por persona o entidad especializada").
 

A.
1. Building License ("Licencia de Obra")

2. Final Building Certificate ("Certificado Final de Obra")
This is issued by an architect or other expert who can verify that the building activity has been completed in accordance with the initial Building License.

3. First Occupation License ("Licencia de Primera Ocupación"). This confirms that the housing is ready to be occupied and electricity/water supplies can be connected.

 

A. The registration of a sale / purchase contract is not compulsory; however, this can protect owners against third parties who may claim other non-registered rights against the property.

The Land Registry’s regulations require that sale / purchase contracts must be notarised before they can be registered. Notarising the document however, is not proof of its validity; therefore, the contract should also be checked to ensure it complies with the law.

A. The payment of tax is made by filing the forms 211 and 212 as follows:
1.  The purchaser who is acquiring the real estate, regardless of whether they are a tax resident or non-resident, is obliged to withhold and deposit 3% of the sale price.

The 211 form is available from the local tax office and must be filed within one month from the date of the signature on the notarised sale deed.

This withholding acts as a payment on account of capital gains tax arising from the capital gain (current rate 18%).

Should the amount withheld be higher than the tax liability, the vendor will be entitled to a refund of the balance.

2.  Four months from the date of the signature on the notarised sale deed, the vendor will either:

1. Pay the outstanding amount in addition to the 3% (if the tax liability is than 3% of the sale price), or:
2. Apply for the refund of any balance as mentioned above (if the tax liability is inferior to 3% or there is a capital loss).

The Tax office should process the refund within the following six months; if it takes longer, the applicable rates of interest will apply.
 

1.    Building License ("Licencia de Obra")

2. Are losses of earnings recoverable in a personal injury claim under Spanish law?

Net losses of earnings are not usually recoverable under Spanish law. Instead, a percentage based on the victim’s salary at the time of the accident, will be added to the total amount of personal injury compensation.

In order to make a claim for loss of earnings, you will need copies of your P60 certificate or other documentation showing your annual net earnings at the time of the accident.