Tax law

Shareholders’ Contribution as a “Donation” to the Company

Did you know that you can donate money or assets to a trading company? Have you ever thought that it would be good to strengthen your company’s assets but you weren’t sure how to do it? In this article we explain in which situations and under what circumstances you can make donations to trading companies. […]

Are you ready for BREXIT?

Tax consequences of the United Kingdom leaving the European Union without agreement next October 31st, 2019 Next October31st, 2019, the United Kingdom´s exit from the European Union will become effective in the known as “Hard Brexit”, and this State will be considered a “third country” for the purposes of the European Community regulations, unless a […]

How does the new Andalusian regulations impact me regarding donations and inheritances if I am a non-resident?

A few months ago, we already explained in a post the tax changes that had been approved in Andalucía, under the Decree-Law 1/2019, of 9th April, which modifies the refunded text of the dictated provisions by the Andalusian Autonomous Community in matters of ceded taxes, approved by the Legislative Decree 1/2018 of 19th June. This modification […]

The Value of Leasing in Holding Companies

Operations with Related Shareholders and Valued at Market Price · Holding Company: Article 5 of the Corporate Income Tax Law defines a holding company as a company in which more than half of its assets are composed of securities or of other assets not related to an economic activity. Moreover, the Law clarifies that, in […]

“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 […]

Increase in special taxes and 1,000 € limit on cash payments

New developments in taxation for 2017 As from 1st January 2017 it is illegal to pay more than 1,000 euros in cash. On 2nd December 2016 the Spanish Cabinet passed a Decree-Law which reduces the amount of cash payments to 1,000 euros (up until now the limit was 2,500€), as payment for any goods or […]

Compulsory Representation for Non-Residents

People considered Non-Resident for Tax Purposes in Spain have two ways of obtaining some kind of revenue (income): either through a permanent establishment or without any permanent establishment being involved. In the first case, with a permanent establishment[1], tax is paid on the entire revenue attributable to that establishment, regardless of the place where the […]

VAT in the construction and rental properties

Continuing on from our previous article, let´s assume that we are a company, that first we bought a plot of development land and on this land we have built ten apartments, we have paid VAT on the purchase of the land and also during the construction of the apartments, as we have contracted the services […]

How to apply for the refund of VAT or compensate the paid VAT?

If you have read our previous post “When do we apply VAT to a purchase of urbanised land“, you will know that we are buying a plot of land that is urbanised or in the process of being urbanised, for which we will be paying VAT at 21 %.  Assuming for example that the price […]

When am I considered to be a Tax Resident in Spain?

Spanish tax residency rules Clients often tell us “I’m not Tax Resident in any country”. It is a serious mistake to think one is not a tax resident, because when you least expect it, the Spanish Tax Agency, or that of any another country can claim taxes from you as a resident, and bearing in […]