Articles

Spanish assets: the succession picture

First published in the Law Society of Scotland's Journal, January 2020, Volume 65, Number 1

Fortunately, over the course of the past seven years the development of the succession and tax rules applicable to Spanish estates favours UK nationals, in both a leave and remain scenario, whether in respect of the UK remaining in the EU, or Scotland remaining in the UK. The administration of the Spanish elements of a Scots estate need not be complex, provided it is approached logically and methodically, like any other aspect of a death estate.

Death and taxes in Spain

First published in the A Place in the Sun magazine, Autumn 2019 issue.

Buying property in Camposol

The Camposol development in Murcia, Spain, is an area known to have been plagued by difficulties during the build and in its early years. As the situation has improved and stabilised British buyers have been tempted by the plentiful supply of property at reasonable prices and so we are seeing more buyers keen to purchase a place in Camposol.

Spanish Wills

As specialists in Spanish succession law we are frequently asked by clients “Do I really need to make a Spanish will?” as it seems that there are a lot of mixed messages about this issue on the Internet. The answer, as with so many legal questions is; “It depends,” but there are a number of compelling reasons why it can benefit you to have a Spanish will in place if you own assets in Spain.

Spanish assets and minor interests

In England & Wales it is impossible for buildings and land to be registered in the name of a minor (someone under 18 years of age according to English law). Instead, property is held in trust for the minor, whereby the legal owner of the property is an adult who holds the beneficial interest in the property for the minor. There may be more than one trustee and more than one beneficial owner. The duties of a trustee in those circumstances are established clearly by law in England & Wales.

Deal or no Deal - Brexit Update

In 2016, immediately following the referendum of 23 June, we considered the possible effects of Brexit on Brits in Spain, Brits intending to move to Spain, and those who intended to purchase property in Spain after Brexit.

We intended, as the negotiations progressed, to write regular updates as the terms for the United Kingdom leaving the European Union were agreed. Since 23 June 2016 we have been watching and waiting. It has been extremely difficult to put anything in writing when the position has remained undefined. We are now in April 2019 and it seems that the Brexit position is no clearer.

The fact that a Brexit deal that can pass through Parliament has not yet been reached does not, however, mean that the position is entirely uncertain. In some ways Brexit will not have any discernible effect on day to day life for individual Brits in Spain. In some respects Brexit will have a minor impact and in other areas we will see significant change to the status quo.

The Spanish government, aware that there are significant numbers of Brits travelling to, investing in and residing in Spain, has put initiatives in place so that the position in the event of a no deal Brexit is clea

Spanish tax for EU and non-EU residents

While it is an unfortunate certainty that we will all be subject to tax if we own property in Spain, what is uncertain are the different types of taxation and the level of that taxation, depending upon whether the person liable to the tax is resident in the EU, the European Economic Area, or neither.

5 key things you need to know when buying property in Spain

The process, costs and pitfalls of buying a place in Spain have been well documented. However, what follows the purchase receives less attention, despite being equally important. Being a property owner in Spain attracts the same risks and responsibilities as owning property in any other jurisdiction, but there are some quirks that are unique to Spain. Here we guide you through the steps you ought to take and matters you should be aware of when you become a property owner in Spain.

Spanish non resident income tax. Act now!

If you own property in Spain and you do not live in Spain you may not be aware that you are liable to pay Spanish non-resident income tax. This is not unusual. Many people own property in Spain for several years without being aware that they must pay non resident income tax.

Buying a rural property in Andalusia - the DAFO

It can come as no surprise to those familiar with real estate in Spain to know that a number of rural properties throughout the country, particularly in Andalusia, were built without planning permission. The issue of how best to deal with these properties has plagued the Spanish authorities as well as causing anxiety for buyers and sellers of Spanish property for many years.

Testimonials

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Articles

Spanish assets: the succession picture

Death and taxes in Spain

Buying property in Camposol

Spanish Wills

Spanish assets and minor interests

Deal or no Deal - Brexit Update

Spanish tax for EU and non-EU residents

5 key things you need to know when buying property in Spain

Spanish non resident income tax. Act now!

Buying a rural property in Andalusia - the DAFO

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Testimonials

Susan, Coventry

Insolvent estates - realising assets in Spain

Securing a debt against a Spanish property

Realising assets in Spain for creditors

The complete guide to buying property in Spain

The possible effect of Brexit upon buying, owning and selling property in Spain

The possible effect of Brexit upon the ability of Brits to holiday, live and work in Spain

Spanish Legal Advice In Plain English

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