Author Archives: Macarena Ruiz

Taxation in the assignment of a sales contract

The assignment of a contract in general is a legal figure that is not expressly regulated in our legal system. However, the definition of assignment of credits is included in the Civil Code, Article 1.526 et seq. This assignment of credits gives rise to the legal acceptance of assignment contracts of any type, all of […]

Reduction of capital with return of contributions

The rules on capital reductions in a company are regulated in the Capital Companies Act (hereinafter LSC), specifically in Articles 317 et seq. and in the Companies Register Regulations. There are various types of capital reduction (reduction due to losses, reduction to provide the legal reserve and reduction to return the value of the contributions), […]

The Capitalisation of Usufruct in Spanish Inheritance Tax

The majority of Spanish wills include the lifetime usufructuary figure, in which the deceased grants the use of all or part of their estate to an individual (usually their spouse) until their death. Faced with the testator’s will, the other heirs can only abide by it. More specifically, in the Spanish Civil Code, this concept […]

Is there any limit regarding the purchase and sale of company shares?

If you are thinking on selling shares in your company, below we highlight some of the most important information to bear in mind: Commercially: The transfer of corporate shares is included in our legal system in the Capital Companies Law, Articles 106 et seq. These Articles, among other things, establish the obligation to carry out […]

Credited gifts from parents to children in Andalusia, without harming their legal inheritance rights

The concept and peculiarities of gifts in Spanish law are set out in the Spanish Civil Code, specifically in Articles 618 et seq. Said Articles indicate that it is a free act by which a person who owns an asset disposes of it and gives it away free of charge in favour of another person […]

“Plusvalía Municipal” is declared null when there is no benefit in transmission

Since the creation of this “Plusvalía Municipal” tax, there is an obligation to tax the profits obtained on the sale of real estate, it is paid whether a profit or not has been made on the sale of the property. However, on last Thursday May 11th, 2017, it was agreed to declare this law unconstitutional […]

How to obtain the resident permission in Spain

The worldwide crisis we have been suffering since the end of 2006 lead to the approval of new legislation in nearly every country within the European Union to attract people with high purchasing power into their country, for this reason, Spain has taken advance of this situation to adopt the Law 14/2013, of the 27th […]