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Changing the use from Premises to Apartments may be subject to Stamp Duty.

Once the relevant procedures have been carried out and a change of use license has been obtained from the relevant Town Hall, this matter must be formalized in a public Deed for its subsequent registration in the Property Registry, and where applicable, in the Cadastre. Articles 30 and 31 of Royal Legislative Decree 1/1993, of […]

Of the Precautionary Measures prior to and concurrent with the filing of the lawsuit

Medidas cautelares previas a la interposición de la demanda

Our legal system provides a system to ensure the effectiveness of the judicial protection sought in legal proceedings. To this end, Law 1/2000 on Civil Procedure (“LEC”) regulates what is known as the procedure for “Precautionary Measures,” which aim to ensure the effectiveness of a future judgment that upholds our claims In some cases, the […]

Should a Company be dissolved or allowed to die? What consequences might arise?

Based on experience and available data, we know that the practice of not liquidating a company when it has ceased to be profitable or when its partners have decided to cease activity for any reason has grown in Spain. Sometimes, instead of properly liquidating a Company, business partners simply abandon it, mostly due to the […]

I have a holding company (i): What are the consequences for Corporation Tax?

The term Asset Entity is not defined in a single way for the entire Tax field and often leads to confusion. It is generally understood to be an Entity that does not carry out any activity and, since it has not been liquidated and dissolved, is obligated to file periodic Tax Returns. Or, it can […]

The extraordinary limitation on the annual update of rent for housing lease contracts with old rent.

Royal Decree-Law 6/2022, of March 29, adopting urgent measures within the framework of the National Plan to respond to the economic and social consequences of the war in Ukraine It stipulated that if the landlord was not a large landlord, the rent increase would be agreed upon between the parties to the contract and, in […]

Beware of Broker Contracts

Broker or intermediation contracts They are not covered by any specific law. They have developed over the years and through practice, consequently They are subject to jurisprudence of the various cases being analyzed in the Courts. Furthermore, Brokerage Contracts present a high litigation rate, precisely because they are not covered by our legal system. We […]

How to reconcile retirement with economic activity

In the first part of this article we wrote about How to combine pension with employment and now we will explain how to reconcile it with self-employment. Let us remember that we focused on contributory pensions, for people who reach retirement age while linked to a Company in which they serve as managers or directors. […]

How to Combine Retirement with Employment

1. Combining Retirement and Active Employment In this article, we will focus on Contributory Retirement Pensions, as we are referring to individuals who reach retirement age while still working for a Company under an employment contract. In other words, Social Security contributions continue to be paid until they retire from employment. We are therefore dealing […]

Can you claim a debt if there is no written contract?

The Credibility of Verbal Contracts. In Spanish Law, not every contract needs a signed document to be valid. The Civil Code is very clear: it is sufficient that there is consent between the parties, a specific object, and a cause (Articles 1254, 1258, and 1261 of the Civil Code). This means that when someone commissions […]

Absolute simulation or relative simulation -When can the Tax Authorities interpret that there is a simulation of a Business?-

Sometimes the Tax Agency carries out inspections because it suspects that some legal figure is being used with the sole intention of reducing taxation, in which case it usually resorts to article 16 of Law 58/2003, of December 17, General Tax Law (hereinafter, LGT), to justify the “simulation” of a legal transaction and apply a […]