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Tax differences between renting a home to a family member or to a third party

Let’s suppose that the reader has a second home that he does not usually use but that he does not rent either, that is, he has it at his disposal. At a family meeting, her brother proposes to rent the house. You don’t think about it because he is your brother, you have total trust […]

Property transmission– personal income tax taxation: What acquisition value should I take?

Given the recent introduction of the concept of reference value, through Law 11/2021, of July 9, on the prevention and fight against tax fraud, an additional doubt may arise about what acquisition value we should take if we decide to sell our home: Value of the acquisition deed. Value verified by the tax office, or […]

Requirements for the application of the tax rate reduction 2% on buying and selling properties

We are seeing the attempts of the Andalucian Tax Agency to carry out complementary settlements to businessmen and professionals who are dedicated to  purchase and sale of real estate, applying the reduced rate of 2% in TPO, as permitted by the tax regulations on property transfers and legal acts documents registered in this autonomous community. […]

The essential asset in Capital Companies

Competence of the General Meeting or does it depend? Article 160 of the Capital Companies Law (hereinafter, LSC) includes those matters whose resolutions must be approved by the general meeting, and which are excluded from the powers of the company’s administrative body. Competence of the General Meeting. Social object of the company. In accordance with […]

Administrators remuneration. Free or paid position? When and where should remuneration be approved?

Over the last few years, the remuneration of administrators has led to different controversies in different areas and with this post we are going to try to provide answers to some of the current situations. Is the administrator position free or paid? The current Capital Companies Law dedicates an article exclusively to the remuneration of […]

Steps to Establish a Company (part 4th : Tax Obligations)

In previous posts we have explained the ways in which a business or a company is usually started, we have also commented on the differences between self-employed and limited company, as well as the taxation of both. Now we are going to explain what the Tax Obligations of a company are, specifically those of a […]

The rise of digital nomad visas in Malaga

The original conditions of the city of Malaga and its coast (climate, geographical location, gastronomy, etc.), as well as the exponential growth that the province is having due to the establishment of many young technological companies, our culture, the tourism and the real estate business, means that the city and surrounding areas are in continuous […]

Requirements for the distribution of dividends in companies

The rules for distributing dividends in capital companies are set out in Royal Legislative Decree 1/2010, of July the 2nd, which approves the Capital Companies Law (hereinafter, LSC). However, these rules appear dispersed throughout the entire legal text, so below we summarize the criteria that must be taken into account by the General Meeting when […]

Ruling of the Supreme Court on the contributions of bank employees to the Banking Labor Mutuality

The Supreme Court, in a recent ruling (STS 707/2023, of February 28) ruled on whether the contributions made to the Banking Labor Mutuality (hereinafter, MLB) in the period between January the 1st 1967 and December the 31st, 1978, the Second Transitional Provision (hereinafter, DT2ª) of Law 35/2006, of November the 28th, on the Personal Income […]

Presence of a notary at the shareholders’ meeting

The presence of a notary public and the public faith that he or she imparts in many of the commercial activities that are carried out on a daily basis means that he or she is even more in demand when conflicts arise or are foreseen, in order to guarantee the impartiality of the acts, also […]