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 […]

I am fiscal non-resident. What can I do with my house in Spain?

These days, in which due to Covid-19 mobility between countries has been limited, we want to approach all those people who reside in another country, who have a property in Spain and who out of fear, respect or certain limitations do not intend to come for the moment to enjoy their properties. Today, it is […]

Corporate tax: compensation of Negative Tax Bases (BIN’s)

According to tradition in the world of taxation, the month of July is the month of TAX and, as our readers know, all companies whose fiscal year coincides with the calendar year must file the Corporate Income Tax between the 1st and 25th of July every year. For this reason, we want to take advantage […]

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 […]

The Non-Director Secretary

The office of the non-director secretary is independent and different from that of the corporate directors (or the Board of Directors). This office finds its legal endorsement in Article 529 g of the Capital Companies Law (TRLSC) which, although this precept refers to listed companies, their functions and responsibilities will be the same, regardless of […]

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 […]

Distinguishing Between Taxes on Property Purchases and Sales: VAT or ITP-AJD

Every day the different Tax Offices[1] are making the application of the regulation more complex, since both want to charge their taxes and they fight among each other to obtain the tax, especially when it is high, as is usually the case with property purchases and sales. At first glance it might seem a trivial […]

Taxation of the Transfer of Company Shares When a Company Constructs a Property

Today we are discussing a very special case that we are sure you’ll find interesting. Suppose that we establish a company to construct one single house, and while we are building it a buyer appears who wants to take over the company, that is to say, they will be directly acquiring the company shares and […]