We continue informing you from FOCUS LEGAL about the rules applicable in those COVID19 days and the consequences of it. In this regard, please be informed about the following communication from the General Treasury of the Social Security in regard to the refund of the quotas of self-employed workers who received approval of the supplementary…

The insurance of who causes an accident must pay the replacement car of the affected. In case of an accident between vehicles, the insurer of the accident perpetrator must bear the expenses of the rental of the replacement car of the damaged party, without it being required to prove that its need (either to work…

  From this month of January 2020, the VAT on intra-community trade in goods will be simpler and more harmonized according to Directive 2018/1910, which has entered into force on January 1 in all the States of the European Union. Thus, the so-called Quick Solutions or Quick Fixes are launched, four measures that are intended…

The buyer must first review the bylaws of the company and the appointment of administrator or attorney. In order for a company to sell a property considered as an essential asset, the partners must have agreed it at a general meeting. Thus with a  property whose amount exceeds 25% of the value of the assets…

When there are divorces regarding spouses married in the community of property regime, the spouse who purchased a property with his or her own private money for the community of property can recover said property in case of divorce but, only if they can prove the private nature of the money expended. Therefore, the assets…

  Stop in the property sales. Market confidence is essential when people make one of the most important decisions of their lives, such as buying a home. It is very important that political stability and good economic management of politicians be perceived. The global slowdown caused by factors such as the US-China trade war and…

We share with all of you; our participation in the special edition of “IDEAL HOME“.

Focus Legal would like to inform you about some recent changes in the registration of touristic accommodation Until the present, the authorities were accepting a Certificate of Non planning Infraction together with a habitability document done by an architect if the property did not have a First Occupancy License. Now, they will not accept to register…

In FOCUS LEGAL ABOGADOS we explain you the arduous task of trying to recover the capital gain of a property sale with loss and if it is of your interest we are at your disposal. The possible recovery depends on several factors, among others on whether the claimant is or is not resident in Spain, the…

From Focus Legal Lawyers we wish you Happy Holidays and a successful 2019. Before the imminent draw of the Christmas Lottery, we want to remind you that in case your luck accompanies you and you get a Christmas Lottery prize, if it were less than € 10,000 you no longer have to pay taxes to…

This has been said by the Spanish Supreme Court: The member of the couple who stays with the usual home of the marriage or couples will only have to pay 50% of AJD and not 100% as before. In addition, you can claim the tax paid for more in the last four years. The extinction…

There are several alternatives for seniors who own a property to get liquidity to improve or maintain their standard of living when they retire and also continue living in their usual home. It is about the sale of the naked property with reservation of the usufruct or of the right of habitation, of the reverse…

At Focus Legal law firm we like to keep you informed, that after a recently firm sentence from the Spanish Supreme Court there are confusions on the mortgage loan tax ruling because the sentence says that the responsible of paying this tax is the lender, that means the Bank, who´s wants the deed signed and…

Well, to “put” a property in the name of children there are mainly three ways: either we sell it, or we donate it or leave it as an inheritance, although in the latter case it would not be “in their name” until the parents have died. The three options go through the payment of different…

Marbella has been chosen for the world-wide presentation of the new ecological models of Audi and the German mark will be present with about 150 electronic vehicles. The presentation will be held from January 23 to February 14, 2019 in the Marbella Conference Center, and about 6000 CEOs of the German company will come. After…

The government of Marbella wants to capture by 100,000 residents who are not registered. Being about 60% of them foreigners. In Marbella there are almost 148,000 inhabitants registered but it´s to estimate that the real population could reach 250,000. The government of Marbella has just activated a campaign to capture the non-registered residents; explaining how…

As usual, in Focus Legal we like to keep our clients and friends informed of important news. In this case, comment that the agenda of the municipal plenary session of the last week of September 2018 will deal with the bonus of up to 75% in vehicle circulation tax. The vehicles that can benefit will…

If you are over 65 and sell your habitual residence you can save up to 100% of the taxes paid for the gain. (Treasury establishes a range of between 19% and 23% of the income obtained: the first 6,000 euros are taxed at 19%, a percentage that scales at 21% for income between 6,000.01 and…

The new law on EXPRESS EVICTION is already in force, Law 5 /2018, whose main goal is to accelerate the expulsion of the mafia from illegal occupations. The occupation has increased lately. Looks like they are around 90.000 properties illegally occupied  in Spain.The purpose of the law, which came into force on July 2, is…

Fixed-rate mortgages are on the rise. Since Months ago, more than 35% of property loans in Spain have been linked to a fixed interest rate, and not variable as in previous years. Experts support the advantages offered by this alternative for those who buy a home in a moment when the market expects the 12months…

The Europe Central Bank will halve the public and private debt that it purchases on the market in autumn to eliminated the program completely in December. It also has opened the door to raising interest rates from the summer of 2019 onwards, therefore the Euribor will increased as well. The changes will raise the financing…

The Ministry of Finance and the FEMP,(Spanish federation of municipium and provinces), have agreed to reform the tax known as municipal tax on increase of the property values, (Plusvalía Tax) in order to ensure that the sale of real estate at a loss is not tribute on this tax, and this reform will be applied…

If someone deceases without having any known heirs, not appearing concerned blood related family up to four grade of consanguinity, neither the deceased left a Will granted, then the legitimate heir of those goods happen to be property of the Public Administration. Either the State or the Autonomous Government depending on the case, will proceed…

The articles 33 and 34 of the Law 16/2009 of Services of Payment, cover the possibility  that the receipts corresponding to rendering of service or provisions that are domiciled in bank account will be able to be returned by the client in the maximum space of 8 weeks whenever : On having given the authorization, there was not…

If you continue to maintain half of the home´s ownership, paying half of the mortgage and your ex-partner is the one who uses housing, do not worries, you will get the deduction for housing investment, even if it is not your habitual residence. In addition, according to the Personal Income Tax Law, if the home acquisition was…

It is an informatic code with the purpose of verify and force to the automatic fulfillment of a contract. It is still being debated if it is necessary or not to go to external agents for its execution (as Pay Pal, for instance), but what is certain is that this kind of contract will be…

It would be interesting for you to know that according to the latest surveys, the price of second-hand properties in Spain has increased by around 0,7% so far this year, so that, since last year, an average increase of around 7% is appreciated. Also interesting for you to know would be that on May the…

An important matter you should know is that the European Parliament has approved the fifth revision of the anti-money laundering directive. This will provide any citizen with access to information about who are the real owners of the enterprises and companies which operate in the European Union, allowing a greater vigilance over virtual currencies and…

The Local Rate have to be paid by the one who owns the house on January the 1st of the year of the sale. However, the Supreme Court establishes that the seller has the right to pass on to the buyer the proportional part of the time that each of the parties has enjoyed the house during the…

The Bitcoin bubble is blowing out and everyone wants to sell. The cryptocurrency boom has reached its critical point. It seems that bitcoin has been able to reach this point. Potential buyers of cryptocurrency have already had it in their portfolios and have suffered the consequences of its volatility, so the golden age of cryptocurrency…

The Tax on the Increase of Value of Urban Land (IIVTNU), known as “Plusvalia”, is being questioned in all its aspects. The Ministry of Justice already pronounced itself on the injustice of this tax for the sale of real estates with result of loss, but now they are the own City Councils the ones that…

The different housing rental formulas that exist are: rental of housing by habitual residence, seasonal rental and as touristic accommodation. Rental of housing for habitual residence It appears regulated in the Urban Leasing Law 29/1994, of 24th of November, specifically in the article nº 2 and described as “lease of housing”. The tenant can stay at least three years in the…

Landlords also have tax advantages for housing leases. It is about regional council’s deductions that are added to deductions of the state ones and that the landlord can deduct in some cases up to 60% of the rental income in the Income Tax Declaration. The expenses that can be clearly deducted are the ones which…

Who is the beneficial owner? It is the physical person / s that owns more than 25 percent of the capital or voting rights of a company or exercises control of the management of this by any other means, either directly or indirectly. From this year, the Company Houses will demand together with the deposit…

With the social networks and instant messaging like WhatsApp, the judiciary has had to adapt to a new scene. If I want to resign from my job, the use of mobile or instant messaging is allowed. It is also admissible in relation to the communication of not passing the worker’s probationary period. However, in the Workers’…

The Tax Office intensifies control over the owners of tourist flats and puts under the magnifying glass the landlords of more than 21.500 holiday flats advertised on the internet since the websites are required since July to report the identity and income of the owners. Hacienda tightens the noose on the owners of tourist apartments….

  Where and when to go to claim the mortgage minimum interest rate clause? From Monday, January the 23rd, the consumer can direct the claim to his bank. “Once claim is received, the bank must send to the consumer the calculation of the amount to be returned, including interest, or alternatively, the reasons why the…

The Ministry of Finance and the Spanish Federation of Municipalities and Provinces (FEMP) have agreed the reform of the Tax on the Increase in the Value of Urban Land, known as municipal capital gain tax, so that the sale of property at a loss do not pay for this tax, considering that you cannot impose…

PSOE-A and CIUDADANOS, have signed an agreement on the Budget of Andalusia for 2018 that includes a raising to a million euros the minimum exempt, per heir, of the Inheritance and Donations Tax. Both parties have stressed that the agreement guarantees stability in Andalusia. PSOE-A and CIUDADANOS agreed to raise the exempt minimum to 250.000…

The Spanish Tax office will oblige the intermediaries of touristic property rentals to inform the Tax Office in detail about their activity, all details of the rented properties, payments, days spent in each operation and who own the aforementioned properties, obligatory to make periodic information declarations to the Tax Office, from January the 1st 2018…

The levy falls for the second time in two years and goes from 0,76% to 0,71%  The Local Government Board yesterday approved a further reduction of the IBI. The measure will allow, according to announced the spokesman of the municipal government, Javier Porcuna, that about 150,000 homes out of the 175,000 in the municipality pay…

The finance entities condemned to return the money overcharged in the mortgage floor clauses procedures, will also be obliged to return the amounts paid by the clients in the different litigation procedures in which they have been immersed to until they appeared before the Supreme Court. Also, it has been established by a sentence published…

NEUE LEISTUNGSZULAGEN FÜR SELBSTÄNDIGE ARBEITER. Wir möchten Sie über einige Unterstützungsmassnahmen für selbständige Arbeitnehmer, die ab September vorhersehbar sind, und die für die Verbesserung ihrer Arbeitsbedingungen nützlich wären, informieren. Es ist wichtig zu erwähnen, dass diese Gruppe von Arbeitnehmern auf 3 Millionen in Spanien liegt. – ABZUG DER SPESEN – Unter anderem zeigen wir die Möglichkeit des…

NEW INCENTIVES FOR SELF-EMPLOYED WORKERS. We would like to inform you about the number of support measures for self-employed workers that it is foreseeable to be practiced from September onwards, and that they would be useful in order to improve their work conditions. It is important to mention that this group of workers increases to…

We are pleased to inform that the Lawyer Carmen Torres, collaborator of Focus Legal Lawyers, has recently defended the interests of Trevor Mbakwe, former basketball player of Unicaja, and current player of the prestigious basketball team Zenith of Saint Petersburg, in relation the dismissal by Unicaja. It is remarkable the intervention performed by Carmen Torres,…

NEW SPANISH TRAFFIC LAWS: Come into Effect on 9 May 2014!!!!! 27 mayo, 2014 On the grounds that ‘ignorance of the law is no excuse’, all drivers in Spain are advised immediately to familiarise themselves with the detail of the new traffic laws which are coming into effect on 9 May 2014 (Ley 6/2014 modificando…

Spanish Bank Account, Tax Residency and the Declaration of Residence THE DECLARATION OF RESIDENCE REQUIRED BY BANKS RESIDENCIA FISCAL BANCOS The information contained herein relates to certain aspects of formal residency and the tax implications thereof in relation to Spanish Bank Accounts and with a focus on the Declaration of Residence form. Types of Bank…

Aprovechamos esta entrada en nuestro blog para declararnos orgullosos patrocinadores del equipo benjamín del Novo Gazul C.F. de Alcalá de los Gazules (Cádiz). Estos pequeñines merecen todo nuestro apoyo, y nos han demostrado que más allá de mejorar su estado de salud, la actividad física influye de manera positiva en su actitud y les enseña…

La figura del abogado, tradicionalmente, surge cuando se desencadena un problema y se requiere la orientación de un profesional para ejercer algún tipo de actividad judicial. Este esquema de “problema-abogado-solución” se repite en el 90% de los casos, y podríamos compararlo con el doctor al que solo visitamos cuando nos duele o cuando esos pequeños…

 

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