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Reminder - Q3 2023 Non-Resident Income Tax filing (NRIT)

Raymundo Larraín Nesbitt, October, 2. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

 

Just a gentle reminder to all non-residents, who own property in Spain and rent it out (whether long or short-term i.e. holiday home); you must file your Q3 2023 quarterly tax return now in July 2023. You are being taxed on your rental income for the previous three months: July, August, and September.

For 2023, the non-resident tax calendar is as follows:

  • Q1 January – March. Filed on the first 15 days of April
  • Q2 April – June. Filed on the first 15 days of July
  • Q3 July – September. Filed on the first 15 days of October
  • Q4 October – December. Filed on the first 15 days of January 2024

 

Our cut-off date to accept filing Q3 2023 non-resident tax returns is Friday the 13th of October 2023.

Please do not wait until the last moment to submit your quarterly tax return. We file this tax online all over Spain within 24 working hours.

We can offer you this tax service for a very competitive fee.

Our fee is 100% tax-deductible from the tax to pay.

The main highlight of our tax service is that we reduce your income tax by 70%, or more, on applying for lenient landlord tax relief on all your property-related expenses.

Contact us and pay less tax. If you overpay taxes in Spain, it's only because you want to.

 

Related tax service

Holiday Rental Accounting Service (HRAS)

Related taxation articles

 

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

2.023 © Raymundo Larraín Nesbitt. All rights reserved.

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Spanish Congress and the Tower of Babel

Raymundo Larraín Nesbitt, September, 21. 2023

21st September 2023

One step forward, two steps back.

Spain’s Congress approves the use of regional languages in its sessions. Spain, the only country in the world to approve such a daft measure, will now be using four official languages during its plenary sessions. Congressmen will now be required to use translator devices to understand each other!

You really couldn’t make it up.

Whilst the rest of the planet is busy studying Spanish (the fourth most spoken language, and the second in importance worldwide trailing only after English, spoken by 22 countries, or half a billion people), Spanish politicians are busy approving new divisive laws that marginalize the language of Cervantes.

This deluded measure is a political concession the incumbent President has agreed with nationalists (read separatists) to secure being re-elected into office another 4 years.

In effect, Pedro Sanchez is leading the country down a dark path of balkanization, erecting new artificial walls, sowing dissension, and in general bending over backwards to undermine the country’s cohesion and union. And he’s doing a great job at that!

A country’s language is a cultural heritage that needs protection, it enriches and unites its nationals, meshing them together into one.

Perhaps I’m being hopelessly naïve and idealistic, but one would imagine the priority of this president is to rally the country behind him, as one, in these difficult times. Curbing down its (over)reliance on (over)public spending, decreasing unemployment levels (the highest in all of the EU and out of the OECD), diversifying the economy so it doesn’t rely as much on tourism, allowing easier access to homes for first-time buyers, reducing taxes, vastly improving public education by allocating more resources towards it, paying teachers (much) higher wages, etc.

Nope, not a chance. Silly me.

His priority is power. And if that means balkanizing the country, so be it. He will approve a general amnesty and basically duck his head in the sand in the face of a financial tsunami that quickly approaches Spain (in the shape of high interest rates) that threatens to swallow the country whole in a sea of darkness.

Truly, we have the worst president at the worst of times.

 

A house divided against itself cannot stand.” – Abraham Lincoln

Abraham Lincoln (1809 – 1865). From an impoverished humble background of corn farmers, this self-taught American lawyer, strategist and politician would rise to serve as the 16th US President. He resolutely ensured a pro-Union victory, strengthened the federal government, modernized the economy, brought about the emancipation of slaves and preserved the Union. During his tenure, he held presidential elections in 1864 to be re-elected, amid a devastating Civil War that threatened to tear his country apart and engulf it in a sea of darkness; yet he gave example in the face of adversity, holding steadfast to his ideals, steering the ship safely into port and acting as a beacon of Democracy which light shone with a fierce intensity the likes of which the world has never witnessed, before or since. Never again would a country hold presidential elections amidst a bloody civil war in what constitutes one of History’s greatest democratic feats to date. But most importantly, he went into great lengths to ensure the festering wounds left open during the fratricidal Civil War were healed; generously reconciling both sides in equal terms, as one nation, indivisible, under God. It is for this very reason, that more than two centuries on, he is widely regarded as the greatest American President to grace the White House; likely the greatest American of all time, towering above the rest. Through his courage and sacrifice, which ultimately claimed his own life, he laid the groundwork of what was to become the greatest and most powerful nation on earth over the next two centuries. A true statesman that would always put ahead of any consideration the best interests of his people, by tearing down divisive walls, and fostering at every opportunity union.

 

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

Larraín Nesbitt Abogados, small on fees, BIG on service.

2023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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The importance of domiciling IBI tax (and rubbish collection tax) in Spain

Raymundo Larraín Nesbitt, September, 11. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

11th of September 2023

Introduction

Unbeknownst to most non-resident property owners, on buying property in Spain, you automatically become liable to pay IBI and rubbish tax on the following year. No one will give you the heads-up on these taxes, so it is up to you to find out how much you owe and comply with the Spanish Tax Authorities.

IBI tax is of crucial importance because it has associated a valuation for tax purposes of your home known as 'cadastral value' (valor catastral, in Spanish) which is used as the benchmark to calculate any, and all, property-related taxes.

IBI Tax - Definition

The Impuesto sobre Bienes Inmuebles (IBI, for short) is a tax that applies to both residents and non-residents. In some parts of Spain it is known as SUMA. All property owners must pay this tax every year.

This is a local tax levied by the town hall where your property is located. It is paid once a year (normally due in August through to November). This is Spain’s equivalent of the United Kingdom’s Council Tax. It varies from one town hall to the next. It is based on the rateable value of your property (0.4 – 1.1% of cadastral value per annum); for cheap properties (think rural land) it can be as low as a few euros whereas posh pads, in sought-after prime locations such as Marbella and Mallorca, command several thousand euros/year.

Cadastral Value - Definition

Is the assessed value local Tax Authorities give to a property. It is usually well below the market value. This rateable value is used as the taxable base to calculate a series of taxes. You will find the cadastral value of your property in one of your local tax bills (i.e. IBI). Be aware that a storage room or parking may be regarded legally as a distinct separate entity from your main home and therefore subject to their own individual cadastral values. A cadastral value, in general terms, is 30 to 40% below the current market price of a property. So, it does not equate to a property's true market value, it is actually well below it (which is good news).

Importance

  • IBI tax is used as the benchmark to calculate all property-related taxes.
  • On selling, a buyer’s lawyer will demand copies of IBI and rubbish tax invoices to prove a seller is up to date. 

 

When are these taxes due?

Town halls are empowered to rule on this, so it varies. Normally, it is payable once a year, typically from August through to September.

Whoever owns the property on the 1st of January is liable to pay these taxes, by law.

Severe consequences of non-payment of IBI tax

  • It may lead to your property being impounded and sold off in a public auction by local authorities. Spanish town halls, besieged by falling revenue, are becoming increasingly adept at pursuing aggressively this local tax post-credit-crunch; particularly for high-end property.
  • It is not possible to file and pay NRIT and NRIIT taxes, as it requires for its calculation IBI tax. This in turn attracts fines, delay interests, and surcharges.
  • On selling, a buyer’s lawyer will practice a huge retention to safeguard against any unpaid IBI tax.
  • As a seller, you may forfeit the 3% sales proceeds tax rebate (plus legal interests). On selling, when a seller is non-resident in Spain, buyers must withhold 3% of the sales proceeds by law and pay it into the Spanish Tax Office. Non-resident sellers are entitled to a tax rebate on the 3% (subject to criteria).

 

Larraín Nesbitt Abogados can assist you domiciling both taxes wherever your property is located in Spain. Give us a call.

We offer this service:

IBI tax (town hall rates) and refuse collection (basura)

 

At Larrain Nesbitt Abogados (LNA) we have over 20 years’ experience assisting clients buying, selling, or renting properties. We can also offer you a competitively priced accounting service to file your landlord taxes every tax quarter nationwide. We are also specialized in immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

2023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Valencia to suppress Inheritance Tax

Raymundo Larraín Nesbitt, July, 24. 2023

Lawyer Raymundo Larrain briefly explains the (groundbreaking) changes in inheritance tax in the region of Valencia.

In a bold move, the newly appointed regional government of Valencia has approved today Friday 21st of July to suppress inheritance tax from parents to children (Groups I & II) with retroactive effects as from the 28th of May 2023. This still needs to be ratified by the Valencian regional parliament as a mere formality to be enacted (likely within the next 30 days).

In Spain, beneficiaries are classified in four different groups depending on their kinship with the deceased. As a general rule, the closer the kinship, the more lenient the tax allowance.

Group I: Natural and adopted children under 21.

Group II: Natural and adopted children over 21, spouse, registered civil partnerships, parents, adoptive parents, grandparents, and great-grandparents.

Group III: Relatives in second and third degree: in-laws, brothers/sisters (siblings), nephews/nieces, aunts and uncles.

Group IV: Relatives in fourth degree, or without any relationship: a friend, common law partners.

You can expect these tax breaks to be expanded, and improved upon, over the next years in the Valencia to include Group III, in line with what’s already been approved in other regions of Spain with similar tax-friendly laws.

This trend follows on the back of other Spanish regions which have also suppressed IHT over the years to much success, such as:

  • Andalusia
  • Balearic Islands*
  • Madrid
  • Cantabria
  • Castilla y Leon
  • Extremadura
  • Murcia

*to be approved shortly

That’s great news, but I’m a British national (or from outside the EU), this tax change surely doesn’t benefit me

Actually, it does!

Although Brexit is undoubtedly an unmitigated disaster, the good part is that our nice EU Overlords have ruled that ALL non-EUs must also benefit from regional tax allowances (such as this new one in Valencia) in line with the core tenements that behove the Union.

Bottom line, if you are British, this tax change favours you. Same goes for our American cousins, Canadians, South Africans, Australians, New Zealanders, etc basically anyone who wasn’t lucky enough to be born in the light of the Union; nobody is perfect. ????

And for those brave souls that wish to delve deeper on this arid tax topic: Inheritance tax in Spain: regional tax reliefs to benefit ALL non-residents in the future (even outwith EU/EEA) – 29th July 2019

LNA offers the following related tax & legal services:

Further reading:

 

Marbella-based Larraín Nesbitt Abogados (LNA) has over 20 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

There is nothing impossible to him who will try.” – Alexander the Great

Alexander III of Macedon (21st of July 356 BC – 11th of June 323 BC).

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

You can review here our client’s testimonials.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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23rd July 2023: Spain’s most decisive general elections

Raymundo Larraín Nesbitt, July, 14. 2023

Inset photo: Andalusian thoroughbred running free at dawn

 

21st of July

The most decisive elections in Spain’s young democracy will take place next Sunday, 23rd of July. Make no mistake, these are no ordinary elections, and the Kingdom of Spain, and even people’s freedom, are at stake, depending on who wins.

On the one hand, we have the incumbent; a shadowy figure that casts darkness on the land with his autocratic actions. An arrogant, self-absorbed man who’s blindsided by his relentless pursuit for power, forging any and all alliances necessary to ensure he wins, no matter the cost to the country. For him the end justifies the means. A man who has sowed dissension among Spaniards, creating a rift wedged deeply into society driving the country back to the dark days of 1936. An obsessed man, whose mind dwells in the past, who’d rather turn his head to the dark days of Spain’s II Republic, in the 1930’s, approving law after divisive law on civil war matters (?) with the aim to reshape the past and irresponsibly reopen old forgotten wounds which now fester, rather than living in today’s modern democratic light and looking forward to the country’s bright future. Long gone are the halcyon days of 1978, all the work carefully put into place by wise politicians from all the political spectrum, ranging from hardline communists to right-wingers, coalesced in the constitutional order of 1978 which reconciled both sides, as one, indivisible, under the Rule of Law, and brought peace and prosperity to us all. This hard-won legacy our forefathers built, has been greatly undermined by this irresponsible president over the last 6 years, since he seized power, in effect weakening the core pillars on which Spain’s stability rest. A true statesman seeks unity, integration, working hard to reconcile both sides as one, in equal terms, bringing down divisive walls, and to close festering civil war wounds, ruling in benefit of all, even those that did not vote him. He has overindebted the country to the tune of €2 trillion, leaving it almost tethering in bankruptcy. He has (foolishly) and shortsightedly put in motion separatist referendums in both Catalonia and the Basque Country to appease his separatist political allies, which act as time bombs, possibly sowing the seeds of a new civil war, God forbid. He has marginalized the Spanish language in several regions of Spain to ensure the political backup of his loyal separatist political allies. He has approved reckless gender laws that have allowed hundreds of rapists to walk out of jail free, significantly reducing the jail terms of thousands more (so much for looking after woman’s rights). He has reduced the jail terms in corruption and embezzlement cases (to benefit close political allies) which has allowed corruption to thrive in Spain. He has colonized all independent democratic institutions in the land, appointing his own cronies, that have tarnished the well-earned reputation of these institutions, putting into question their independence. His actions have been rebuked no less than three times by Spain’s Constitutional Court on approving illegal and unconstitutional measures to lock down the whole country during the global pandemic, killing freedom of movement. A man blackmailed by foreign powers (through sensitive information downloaded from his mobile) to exert untold influence on Spanish Foreign Affairs. A passive man who was incapable of either foreseeing or understanding the gravity of the Covid pandemic which led to the premature and unnecessary death of thousands of our seniors across the country, unlike other regional politicians, such as Isabel Diaz Ayuso, who pre-empted it and saved thousands of lives acting resolutely. A man who governs the country through executive decrees to bypass the checks and balances of the democratically elected Congress and Senate. The political model to which he aspires is Maduro’s Venezuela, a political regime that seeks to quash any and all freedom and equalize us all in poverty, making us state-dependent of subsidies and grants, which make citizens easy to control by those who wield power. A man whose paid gold hundreds of millions of euros to trade unions and high-profile journalists and media to ensure their complicit silence. And to those beleaguered journalists who still bravely defy him, and stand up to him, delivering the truth, he has approved a new inquisitorial court (?) that levies eye-watering fines, a move straight out of the playbook of the U.S.S.R. Over 130 billion euros of EU money from the Next Generation funds are unaccounted for after three years. No one knows where this money is, so much for transparency. A man, who abetted by his communist government partners, undermines private property day in and day out, giving wings to squatters all over Spain. To sum it up, his legacy is leaving a bankrupt country, a polarized society, with the highest unemployment figures, not only of all the EU countries, but out of the whole OECD, with the highest fiscal pressure out of all the Union. His political allies’ are hard left-wing terrorists (whose hands are tainted with the innocent blood of dozens of young children murdered in cold blood, as well as 800 adults), communists, and separatists that openly seek to destroy the nation from within, by bringing down the constitutional order from 1978 and the Spanish Monarchy, pillars and guarantors of stability which have ensured, for over 45 years, peace & freedom in the land. His ultimate goal, and that of his political allies, is to overthrow Spain’s Monarchy, overturn the Spanish Constitution from 1978, and reinstate a III Republic in Spain. Pedro Sánchez Pérez-Castejón will pass on to history as the worst Spanish President.

On the other hand, we have an untested opposition, led by weak men. Our greatest hope lied in two strong women, alas both were cast aside; one was the greatest congresswoman Spain has ever seen, an elite civil servant who worked tirelessly and delivered some of the greatest arousing speeches to date, but she lost her party and the plot. The other one is a journalist who works selflessly for her constituents, living in a gilded cage, ensnared by her own party despite clearly being a natural born leader that has trailblazed election after election, winning by a landslide, without resorting to gender-imposed quotas. She’s de facto Spain’s opposition’s leader in all but in name. A true stateswoman who unfortunately is held back by her own people. Truly, an army of lions led by sheep.

Power is not given, it’s taken.

 

Alexander-the-Great

Inset Alexander's image: copyright rights held by its holder (unable to find to credit them).

 

There is nothing impossible to him who will try.” – Alexander the Great

Alexander III of Macedon (21st of July 356 BC – 11th of June 323 BC). Alexander was born into Macedon’s royal family as heir-to-be. His father, Philip II, was by all accounts an extraordinary man on his own merits, who catapulted Macedon from an obscure backwater barbaric kingdom in the northern fringes into the most powerful Greek kingdom of all time. Philip managed to unite all of Greece under his command in only one year (for the first time ever), ending the endless bloodshed and petty feuds that consumed warring Greek states, weakening and dividing them, making them easy prey for a power-hungry Persia, always eager to sow dissension among the Greeks. Philip revolutionized Greek warfare by creating the Macedonian Phalanx, the most advanced and effective military unit the world had seen until the advent of the Roman Legion, centuries after. Unfortunately for Philip, his great historic figure would be eclipsed and dwarfed by that of his eldest son, Alexander.

Philip was most impressed by Alexander’s feats from a young age, and decided the lad was worthy of a regal education. He would hire as his tutor a man who is arguably the greatest thinker of Western Civilization, Aristotle, Father of Philosophy, who became Alexander’s tutor from the age of 13 until the age of 16. Teaching him, and his friends at court, later known as the Companion Cavalry, multiple subjects such as philosophy, logic, history, mathematics, botanics, geography, astronomy, languages, map-making, etc. As a result of his exceptional education, fit for a king, Alexander would always hold in the highest esteem knowledge and those independent thinkers who wield it (i.e. Diogenes), to the point he always placed it above other mundane cravings, such as wealth, power, or sex. In his own words: "My father gave me life, my teacher (Aristotle) gave me a good life." Later on in life, he would establish the Great Library of Alexandria, which in time would be populated with scholars and would become a beacon of enlightenment in the Old World. He was an avid reader, and would always carry into battle the works of Homer (specially an annotated version of the Iliad gifted to him by Aristotle) and would have delivered to him literature and Greek plays during his long campaigns in Asia. In payment of Alexander’s outstanding education, Philip agreed to transform Aristotle’s hometown (Stagira) from a brick town into a marble city in what is likely the most expensive education received by any human being in recorded history – but it paid off! At only 16 years old, Alexander concluded his formal education and began waging war as second-in-command of his father leading the Companion Cavalry that would crush the Thebans. At 21 years old, Philip passed away, leaving Alexander the Kingdom of Macedon, a unified Greece, and the most disciplined and battle-hardened Western army at the time. Truly, a lion commanding an army of lions.

Alexander was quick to put in motion his father’s dream of conquering the Persian Empire, at the time the greatest and most extensive empire known to man under whose oppressive shadow Greeks had endured for centuries. Alexander knew his men (very) well, even by name (like Napoleon). He would lead the Companion cavalry riding Bucephalus, a fiery tempered black horse that would allow no one to ride it, bar Alexander. Alexander developed and honed from a young age a preternatural prescient ability to anticipate enemy commander’s every move. Few commanders in history can match, let alone surpass, his military prowess in the battlefield, except perhaps Napoleon or Hannibal. Alexander would remain undefeated throughout his lifetime in hundreds of battles and sieges, except by death itself; he never lost a single battle despite regularly facing overwhelming odds of 10-to-1, leading assaults from the front (and was grievously wounded multiple times as a result of his unbridled impetus), always devising new, bold strategies which are still studied to this very day in military academies the world over. His innate leadership skills, and proven command abilities, would earn the respect and admiration of his army, including the grizzled veterans that served under his father's banner, devoting themselves to their young commander’s boundless ambition to wherever he may lead them.

Alexander died aged only 32 years old in Babylon having conquered the largest empire known to man, sprawling across three continents. It stretched from Greece (Europe), through Egypt (Africa), most of the Middle East, and all the way to India (Asia). He was likely poisoned by someone in his entourage, as he was planning a new grand campaign to conquer Arabia, and then head west, as he had heard whispers of a fledgeling empire that was aggressively expanding in the Mediterranean Basin, that in time would be known to us as Rome. Ironically, after his death, he would become instrumental in preparing the foundations for the Roman Empire, which drew great inspiration from Alexander’s sprawling empire. It is rumoured that Julius Caesar, aged 32, on visiting the temple of Hercules in Gades (modern Cádiz, Spain), wept over Alexander’s statue as he felt he had accomplished nothing in life at his same age.

Alexander dreamed of creating a unified empire where men would be treated as equals (irrespective of their ethnic origin, religion, sexual orientation, or social station), sharing knowledge in liberty. To this end, he fostered interracial weddings with a purpose of integration and unity. He would always go to great lengths to respect other people’s religious beliefs, and freedom, never imposing his own Greek Gods or traditions on those civilizations he conquered, and he even adopted local customs from the lands he ruled (which garnered much criticism from among his own ranks), quelling all future rebellions before they even began to hatch. In effect, he was mindful to preserve and respect each country’s idiosyncrasy (even administrative and legal structures), uniting them all under one banner, but not absorbing them. In time, his style of leadership would command great respect and loyalty from all conquered lands and people who would grow to see him almost like a God walking among men. We would need to wait another two and a half millennia for his dream to come true, and frankly we are still working hard towards it. Most of what we know from his life comes from Greek historian Arrian. Posthumously, in recognition of all his superhuman feats, Romans bestowed the honorary title ‘the Great’. Alexander would achieve his childhood goal of passing into history and becoming ‘immortal’, following on the footsteps of his beloved Achilles, from whom it was rumoured he was a descendant on his mother’s side (Epirus royalty).

Through his resolute actions, Alexander preserved, and greatly expanded, Hellenistic ideals and culture (bedrock of today’s modern Western values) to most of the known world and beyond, keeping at bay the jaws of Persian autocracy. Had Persian imperialism won over Greece, through gold or blood, the Greek light and ingenuity – and all its precious legacy – would have been lost to us; snuffed out of existence, and our world cast into darkness and shadow. Indeed, a very different place from what it is now. We can even credit him for the fast spread of Christianity across the Old World. This would not have been accomplished as fast as it did had his vast empire not shared a lingua franca (Greek) and culture that made it possible and also because of his staunch defence of monotheism, which paved the way for Christianity to spread like wildfire. Alexander’s bright light burns with a fierce intensity the likes the world has not witnessed, before or since, shining on even two thousand years. Alexander exemplifies the very best of youth idealism; he was instrumental in pioneering the way for today’s Western values that now undergird all democratic societies.

In an outstanding time, full of intellectual giants, scholars, warriors, heroes, kings and other great historical figures, Alexander towers above them all, a shining beacon of Humanity. He is arguably the greatest historical figure of Classical Greece and one of the finest commanders in history.

A man ahead of his time, whose mind was touched by (a) God.

 

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. Voluntas omnia vincit.

2023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Reminder - Q2 2023 Non-Resident Income Tax filing (NRIT)

Raymundo Larraín Nesbitt, July, 4. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of over 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

 

Just a gentle reminder to all non-residents, who own property in Spain and rent it out (whether long or short-term i.e. holiday home); you must file your Q2 2023 quarterly tax return now in July 2023. You are being taxed on your rental income for the previous three months: April, May, and June.

For 2023, the non-resident tax calendar is as follows:

  • Q1 January – March. Filed on the first 15 days of April
  • Q2 April – June. Filed on the first 15 days of July
  • Q3 July – September. Filed on the first 15 days of October
  • Q4 October – December. Filed on the first 15 days of January 2024

 

Our cut-off date to accept filing Q2 2023 non-resident tax returns is Friday the 14th of July 2023.

Please do not wait until the last moment to submit your quarterly tax return. We file this tax online all over Spain within 24 working hours.

We can offer you this tax service for a very competitive fee: 

  • EU resident: 125 euros*
  • Non-EU resident: 75 euros*

*The quoted fee is plus vat, per property and per tax quarter, it includes up to two joint owners i.e. husband & wife.

Our fees are 100% tax-deductible from the tax to pay.

The main highlight of our tax service is that we reduce your income tax by 70%, or more, on applying for lenient landlord tax relief on all your property-related expenses.

Contact us and pay less tax. If you overpay taxes in Spain, it's only because you want to.

 

Related tax service

Holiday Rental Accounting Service (HRAS)

Related taxation articles

 

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

2.023 © Raymundo Larraín Nesbitt. All rights reserved.

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Mallorca: Heaven on Earth

Raymundo Larraín Nesbitt, June, 11. 2023

 

shutterstock-1893991069

 

Lawyer Raymundo Larraín Nesbitt looks at Majorca’s attractions as a place to live, visit, and invest.

I continue today with my running series on top places to buy and live in Spain. You can find older entries on this series scrolling down below. These impromptu light-hearted guides are not meant to be exhaustive; they are just there as a lighthouse to shed light on an area’s main highlights and landmarks.

Introduction

Majorca (Mallorca, in Spanish) is the largest of four islands that form the Balearic Islands, an archipelago off eastern Spain, located in the Mediterranean Sea.

Its name aptly means ‘big island’, as it’s the largest of the four. Historically it changed hands often, being initially colonized by Phoenicians, then Carthaginians, Romans, Byzantines, Vandals, Arabs, and finally Spanish to this very day (well, surely some cheeky bugger would point out it is now de facto German, but let’s play nicely, shall we?) Stimmt!

Mallorca, all lifestyles in one

Mallorca is a unique place that melds all kinds of lifestyles.

Do you fancy being a party owl? Mallorca has you covered (although its sister party island, Ibiza, may fit the bill better). Are you a sporty type? Mallorca can offers you all types, you name it. I’ve been told it’s home to some renowned Spanish tennis player. You fancy indulging yourself shopping in exclusive designer posh boutiques? Puerto Portals is the right fit for you. Are you a beach bum? Check out Llucmajor Beaches. Mallorca boasts several blue flag beaches and coves, with unspoilt scenery to die for. Are you more inclined towards the arts and introspection? You should check out the picturesque town of Deià, which is home to a small colony of artists and intellectuals. Or would you rather muse on what life holds out for you watching a dramatic sunset against a dashing blue sea in good company sipping a fine Rioja al fresco?

Mallorca simply has it all!

Fact is that Mallorca caters to all lifestyles, so you will be spoilt for choice!

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Inset photo: Boats at pier of beautiful town of Port de Andratx on Majorca island, Spain Mediterranean Sea.

Mallorca’s main highlights

  • Port d’Andratx. The stylish port with light pastel colours, with over 450 berths, is set within a lovely harbour. Great dusk views over the harbour are guaranteed from lavish penthouses (if you can afford it)!
  • The Port Town of Pollença. Pollença is always a popular family-friendly spot, with great white sandy beaches, a nice yacht club, and a beautiful crystal clear bay.
  • Puerto Portals. It’s a glamorous seaside resort, that is visited every year by Spain’s royal family. This fashionable port boasts lavish restaurants, luxury shops, trendy designer boutiques, and glam cafes overlooking an exclusive yacht-filled marina. Très chic!
  • Port de Sóller. In sharp contrast to its more upscale neighbours, it’s a simple discreet village, with honest and hard-working fishermen, surrounded by gentle olive groves that shy away from all the bling. Beautiful views at dusk are guaranteed!
  • Deià. Far away from the mundane glitz, we find this small, picturesque village straight out of a postcard. The stone-made town stands on a ravine, surrounded by sweetly scented orange groves (known as Valley of the Oranges) on either side. Its isolation and quiet country life, make it a suitable home to a small colony of artists and poets. This small town boasts several quality restaurants. No doubt it’s one of Mallorca’s best-hidden gems waiting to be (re)discovered by connoisseurs.
  • Cala Fuguera. Another quaint fishing village surrounded by mother nature. Its restaurants offer fresh seafood fished daily by the local natives.  
  • Calvià Coastline. Much like Italy’s Amalfi coastline, you be spoilt driving through 50 kms of breath-taking unspoiled scenery, ideal for nature lovers!
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Inset photo: Beautiful beach Playa de Formentor, Palma Mallorca, Spain

Must-see places for art-lovers

Mallorca’s Cathedral (La Seu)

Overlooking the Old Harbor, and the bright sea beyond, perched atop a gentle rolling hill, lies a beautiful commanding 800-year-old cathedral. Its interior was remodelled by no other than renowned architect Antoni Gaudi in the 20th century. It’s truly a landmark that one must visit in Mallorca.

The Hilltop Town and Monastery of Valldemossa

Nestled at the foot of the Tramuntana Mountain range (UNESCO world heritage site), we find a small hilltop town, with quaint stone houses, cobbled streets, and narrow alleyways. Its home to a 14th century Carthusian monastery, built itself on the ruins of a Moorish citadel, that used to be under the watchful guard of the Emirate of Cordoba, that has lodged – among many others – renowned Polish musician Frédéric Chopin and French novelist George Sand. The peaceful setting inspired both artists to compose and write immortal works of art for us to enjoy.

Alcúdia’s Old Town

It’s a medieval walled town that is remarkably well-preserved. It was originally conceived to act as a bastion against the unrelenting attack of pirates and contrabandists that ravaged the area (nowadays these have rebranded themselves into a local respectful marquee bank marching affluent clients; I guess some things never change!)

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Inset photo: Cala Dor bay at Cala d’Or city, Palma Mallorca Island, Spain

Must-see places for history buffs

Santa Ponça

This was the site where King Jaime I of Aragon, known as James the Conqueror, launched a massive medieval invasion with 15,000 men and 1,500 horses, retaking the city, and all adjacent lands, from the Moors in one of La Reconquista’s many epic episodes that would in time lead to the unified Kingdom of Spain in 1492.

Palma de Mallorca

Majorca’s capital, started out in life as a Roman military camp (Palmaria), itself built on the remains of a Talaiotic settlement. It witnessed the conquest of Romans, Arabs, and finally Jaime the Conqueror. It’s now a major tourist attraction site and sitting capital of the Balearic Islands.

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Inset photo: Cala Gat at Rajada, Mallorca – beautiful beach and coast

Conclusion

Heaven is a place on earth, and its name is Mallorca.

San Junipero, a Mallorcan-born priest, that brought Christianity to Baja and Alta California (modern USA), would surely agree with me.

Mallorca is as close as it gets to glimpsing the gates of heaven. If you can afford to acquire property there, it’s worth any sacrifice! Be a lion, invest your capital in real estate! The gates of heaven await.

Without sacrifice, there is no happiness.” – Rafael Nadal

Original: «Sin sufrimiento, no hay felicidad.»

Rafael Nadal Parera (1986). Is a Spanish professional tennis player hailing from Manacor, Mallorca. He has been ranked world number one for 209 straight weeks, and finished as the year-end number 1 five times with a record 13 times in the top 2 of the year-end rankings. Nadal has won a joint-record 22 Grand Slam men’s singles titles, including a record 14 French Open titles. He has won 92 ATP singles titles, including 36 Master’s titles. Nadal is one of only two men to complete the Career Golden Slam in singles. Nadal is regarded as the best tennis player of all time, followed closely by his Swiss archrival, and friend, Mr. Roger Federer.

Nadal is an avid follower of El Real Madrid; I guess some people really are perfect.

Other entries in this running series:

 

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Moving to Spain? Basic checklist

Raymundo Larraín Nesbitt, June, 1. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

 

On moving to Spain, you should tick the below basic checklist to avoid you any future problems.

1. Residency or visa permit. Most people don’t realise that living in Spain for over 90 consecutive days entails you apply for a permit. Depending on whether you are a EU national, or not, you will have to apply for residency or else a visa.

  • If European resident: If you plan to spend over 90 consecutive days in Spain, you must apply for a residency permit, even if you are a national from an EU country. Attaining residency in Spain is fairly straightforward, fast and cheap procedure for all EU residents. Residency permits are fast-tracked and streamlined for all nationals of Member states of the EU by law. Normally achieved in under 30 days.
  • If non-European resident: If you plan to spend over 3 consecutive months in Spain, and reside outside of the Union, you are normally required to apply for a visa to live and work in Spain legally. There are many different Spanish visas available to pick from, ranging form tax-free visas (Digital Nomad Visa), to Golden Visas (which don’t require you to live in Spain for renewal purposes). You may not spend in Spain over 90 days in every rolling 180 days if you have not attained a visa permit (known as the 90/180-day rule). Depending on which visa you choose, it can take under 30 days or well over half a year. 

2. Bank account. For almost any activity in Spain, you will be required to open a bank account. Spanish banks take money-laundering very seriously (understatement). Unless you can clearly prove where your money comes from, they will not open an account for you. The following documents are required:

  • Passport in force
  • Payslips or tax returns
  • Your international tax code
  • Reference letter
  • Other.

3. NIE number. A NIE number is ad administrative number required to pay taxes in Spain. Almost everyone in Spain will ask you for this number. It is required, for example, for the following activities:

  • Buying/selling/renting property.
  • Inheriting assets in Spain.
  • Importing/buying/selling a car.
  • Importing/buying/selling a boat.
  • Taking out insurance.
  • Working in Spain (only short-term jobs <3 months).
  • Obtaining a mortgage loan.
  • ·Paying import tariffs on importing goods to Spain at customs (aduanas) in airports.
  • Some private foreign schools require a NIE number from parents and/or new (foreign) pupils to enrol them!

4. Work. If you are an EU-resident, you won’t have issues. But nationals of countries from outside the EU require a work permit to find a job in Spain. Otherwise, they will be barred from working in Spain and subject to heavy fines, including the employer.

5. Taxes. If you are a freelancer (self-employed) you need to ensure that you are correctly registered with the Spanish Social Security and filing your quarterly tax returns (for both personal income tax and VAT). If you are employed, your employer will enrol you in Spain’s Social Security. Depending on your wage, you will be required to file annual tax returns.

6. Accommodation: buying, investing or renting property in Spain. The best advice we can give you is that taking advice from a lawyer before committing to any route will pre-empt most of the problems. At LNA, we have over two decades experience dealing with conveyance and rentals

To close, if you spend over 183 days a year in Spain, you become tax resident. Speak to one of our lawyers to better understand the full legal and tax implications of making this decision.

At LNA, we can assist you with all six points above. LNA can be your legal partner in Spain, assisting you and your family with relocation services. Give us a call and speak to one of our friendly staff. We act nationwide.

At Larrain Nesbitt Abogados we have over 20 years’ of experience buying, selling, and renting properties. We are also specialized in immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Squatters in Spain: Spanish Government slams its fist on the table, and vows to clamp down (with jail terms!) on all individuals that… evict squatters!

Raymundo Larraín Nesbitt, May, 21. 2023

Marbella-based Larraín Nesbitt Lawyers has over 20 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Copyrighted © 2023. Plagiarism will be criminally prosecuted.

 

You really couldn’t make it up.

Yep, you read it right. Spain’s Communist Government has brought forward a new draft law with proposed jail terms for all those individuals and companies that abet evicting squatters. These companies have proved invaluable recovering the possession of thousands of properties for their aggrieved owners.

The proposed jail terms are up to 4 years. You would think the Spanish Government is going out of its way to protect owners and private property to instil confidence in a besieged property market, right? Wrong! If anything, Spain’s Communist Government is hell bent on pursuing all those individuals and companies which are assisting aggrieved property owners to recover the possession of their squatted properties.

It is very clear on whose side the government is on.

But if you have been following our articles and blog posts, it should come as no surprise. You would think that if the housing problem is so great (which in fact it is) they would be bending over backward building thousands of new public subsidized dwellings at affordable prices, right? Nope, not the case. Spain’s Government has been in power for almost 6 years now, and in this time they have built ZERO social housing, nada.

Spain’s Communist Government is basically carrying out a social housing policy using other people’s private property. It’s always a lofty goal to assist those who cannot afford houses, but this should never come at the expense of other people’s private property.

The effect of this new proposed bill, once approved, is that it will massively encourage squatters to occupy other people’s private property, specifically second homes. If to this, we add the pernicious effects of the new Housing Act (which also greatly protects squatters rights, pushing back evictions for years) you have a recipe for disaster. These type of measures scare away investors and second home owners.

If anyone still naively thinks that squatters are poor young people, you are sorely mistaken. Today’s squatters are modern, well-organised mafias that squat building and homes professionally. They then ‘re-sell’ the possession ‘right’ to other people (for around €1,500) who then live at the occupied properties (normally for many years). Someone is making a lot of money out of this ‘squatting industry’.

Needless to say, the proposed new law will prove hugely counterproductive and detrimental in the fight against squatters; a movement which is gathering pace, increasing by two digits year on year abetted by Spain’s Communist Government.

Related articles

 

At Larrain Nesbitt Abogados we have over 20 years’ of experience buying, selling, and renting properties. We are also specialized in immigration & residency visas. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88, or by completing our contact form to book an appointment.

Larraín Nesbitt Abogados, small on fees, BIG on service.

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Golden Visa: Spanish Government planning to either scrap it, or raise the cap to €1mn

Raymundo Larraín Nesbitt, May, 11. 2023

Lawyer Raymundo Larraín gives us a heads up on the changes brewing with Spain’s popular Golden Visas.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 20 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2023. Plagiarism will be criminally prosecuted.

 

Introduction

The Spanish Golden Visa is a success story.

Spain has become the number one Golden Visa provider in the European Union since it was introduced in 2013, attracting billions of euros which have contributed to creating countless jobs and improving the productive economy.

Out of all the visas available in Spain, it is hands down the one that offers the best perks, along with the new Digital Nomad Visa (known popularly as the tax-free visa), including one which is exclusive to it (explained below) and which strongly appeals to affluent investors.

Podemos, the pro-Russian, hard-left (read communist) junior partner of the socialist government is applying inordinate piles of pressure on the Spanish Government to either scrap it or else to raise the bar.

Almost on a weekly basis, El Pais newspaper (which is basically the Government’s spokesperson) publishes articles and thoughtful editorials raising voices against Spain’s popular Golden Visa programme, aimed at HNWIs. The unhidden discontent, which oozes from them, is now gaining traction, especially given how we have entered an electorate phase, and garnering the political support of Podemos is key to ensuring the survival of this government. Attacking the evil rich always attracts votes on poll day for left wing parties, especially on attacking foreigners who are banned from voting on national elections: win-win.

This new trend follows on the back of other Union countries which have scrapped Golden Visas (Ireland, and Portugal). It’s no secret the European Commission regularly nudges all EU Member states, including Spain, to eliminate Golden Visas as they are seen as a privileged gateway for affluent applicants to bypass stringent migration rules to attain a blue-ribbon free pass. 

As a result of this ongoing (unjustified) hate campaign against Golden Visas, the government has now officially announced this week through Pravda El Pais that it is now studying on whether to scrap it, in line with other Union countries and with what its junior (communist) partner demands, or else to raise the bar and make it (yet) more difficult (read onerous) for applicants to access it.  

The Spanish Government seems to be gravitating towards the latter, increasing the residential requirement to €1mn euros (was €500,000, a 100% increase). There are multiple ways to attain a Golden Visa in Spain, but the one that is by far the most popular (and cheapest) option is to invest €500,000 in real estate. All other Golden Visa options require investing a minimum of €1,000,000, or more, to attain it. The government is now arguing that all it is really doing with the residential option (buying real estate) is bringing it in line with the remaining options (investments, bank deposits, development, etc), which are far less popular amongst investors.

This change is clearly a wake-up call for all those investors who had been sitting on the line for a number of years expecting Golden Visa requirements to be lowered (sic). This is not going to happen; furthermore, it is all too clear now that, if anything, they will be sharply increased.

My advice to all would-be applicants is to apply for a Golden Visa now, as soon as possible, as in the best case scenario the investment requirement on residential properties is going to doubled shortly (likely ahead of the national elections this year’s fall to make a nice newspaper headline to attract yet more votes). In the worst case scenario, it is going to be scrapped in line with fellow Union countries.

Either way, investors mulling this option, should make a decision soon or risk losing the GV train.

 

10 Reasons to apply for a Golden Visa

 

  • A Golden Visa does not automatically make you tax resident in Spain, unlike every other visa in Spain. This is a unique advantage exclusive only to GVs. No other visa in Spain shares this unique trait. Only for this reason, affluent investors will find it most appealing if they do not fancy paying taxes in Spain.
  • Allows you to override the 90/180-day that limits stay in Spain (and by extension in the Schengen Area/EU).
  • You can work in Spain (optional). Unlike other visas, which ban you from working in Spain, a GV allows you, and your family, to work in Spain if you wish.
  • Allows you unfettered access to Spain. You can enter and leave the country as you please, even overriding Covid flight bans, as you will hold a select residency permit that few people have.
  • No minimum stay is required. Fancy staying one night only? A Golden Visa has you covered. You can spend as little as one day, or the full year round in Spain, at your choice.
  • Fast-tracked. Golden visa applications are greatly expedited by rapport to other visa applications. Golden visas are granted in under one month.
  • Streamlined. Golden Visa applications are (greatly) streamlined, removing all the unnecessary red tape which taints other visa applications.
  • The whole family is included as dependents, even ascendants (grandparents)* (*subject to criteria)
  • Leads to permanent residency (optional).
  • Leads to Spanish citizenship (optional).

 

Did you know that Golden Visas apply retrospectively? If you have invested in Spain €500,000 in real estate on or after the 28th of September 2013, you may already pre-qualify for one!

Interested? Come and speak to Larraín Nesbitt Abogados friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. On applying for a Golden Visa, we assign you one of our immigration lawyers, who will be assisted by one of our in-house visa specialists, guiding and hand holding you through the whole procedure.

At Larrain Nesbitt Abogados, we have made true the dreams of hundreds of non-EU investors, and their families, assisting them to attain a Golden Visa since its inception in 2013. You can browse our clients’ visa testimonials here.

Apply for the keys to your Golden Visa through Larraín Nesbitt AbogadosGolden Visa Service.

Your family’s success is only one call away: (+34) 952 19 22 88

 

Larraín Nesbitt Lawyers, small on fees, BIG on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, residency, inheritance, taxation, and litigation. You can contact us by e-mail at info@larrainnesbitt.com, by completing our contact form, or by telephone on (+34) 952 19 22 88.

 

Residency services available from LNA:

 

Golden Visa related articles

 

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Ní neart go cur le chéile. VOV.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.

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