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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

 

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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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Squatters in Spain: when a Telepizza ticket is more valuable than a Title Deed!

Raymundo Larraín Nesbitt, May, 2. 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.

 

It’s no secret the Spanish social-communist government goes out of its way to protect the rights of squatters, and then some more.

In the latest entry of this budding war between squatters and property owners, the police are now accepting fast-food delivery tickets as proof of ‘ownership’! Let us explain this madness.

In Spain, owners are protected within the next 48 hours of squatters breaking into the property. If within those 48 hours the owner reports the incident, the police may kick out the squatters. Well, so goes the theory anyway. The devil is in the details.

What is now happening is that industrious squatters are ordering pizzas to the house they want to squat, but just outside the property as if they had popped out for a minute to collect the order. The fast-food ticket has the property address and the delivery date. The squatters then wait it out for the next 48 hours before breaking into the property. Basically what they are doing is pre-constituting legal evidence that they actually live at the place - madness!

Once the police are called in and arrive at the crime scene, the squatters are quick to pull out a fast-food delivery ticket (i.e. telepizza) from a couple of days before, or more, to justify they have been occupying the property “for over 48 hours” (the truth is that they broke into the property half an hour ago). The police are no longer allowed by law to vacate them by force and the owner is forced to instigate a winded procedure at the law courts to recover possession, which could take well over a year. However, with the newly approved Housing bill from last week (pro-squatter), it could now take years.

The way to avoid these shenanigans, is to follow my advice and hire a house alarm, as detailed in my blog post: Squatters: Why you need a house alarm

This should come as no surprise really, as Podemos, the pro-Russian, hard-left (read communist) junior partner of the socialist government was a political party that was founded by communists to defend and uphold the rights of… squatters. Communists doing communists things, move along.

It is confirmed, the lunatics have (finally) taken over the asylum under the sun.

You really couldn’t make it up.

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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The fact that a house appears in a nota simple DOES NOT make it legal

Raymundo Larraín Nesbitt, April, 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.

 

A common mistake buyers, estate agents (and even some lawyers) make is that they take for granted that a rustic villa that appears at the land registry is fully legal, when it is simply not the case.

It is important to note the Spanish land registry does not carry out any planning controls on a  property – that is not their job. What the land registry does is lodge the content of a deed witnessed by a notary public, that is all.  The notary also does not carry our any planning control whatsoever on a property - it is also not their job.

So frequently, people who own rustic plots, build a house on it illegally. To give it semblance of legality, they involve a notary and the land registry. The notary witnesses a new build deed, which is then lodged at the land registry to update the property description. When one applies for a property report, the property does in fact give an appearance of legality. But it is only that, an appearance, enough to fool most people, except a lawyer that digs deeper.

Only a lawyer knows how to verify a property is in fact legal. 

This is not an example, this is a true case that happened to us a few months back. On running a due diligence on a rustic title, we verified the lavish villa that had been built breached local and regional planning laws and was in fact illegal. Moreover, there was a ruling to demolish it. The seller was pushing the property at a huge discount for 'health reasons'. Whoever becomes the new owner ‘inherits’ the planning illegalities. Had our client bought it, she would now face a demolition order- at her own expense - besides losing hundreds of thousands of euros in her failed investment. But it doesn’t end there, she would also have had to face criminal action on the planning breach, as she would now be the new owner taking on the mantle of legal responsibility.

The Spanish Land Registry (and notaries) have their own limitations; they are not lawyers and at no time one should (mistakenly) assume they do a lawyer's job. This is when a seasoned conveyance lawyer steps in, saving the day. We saved our client from making a very costly mistake and even facing criminal charges (on owning an illegal construction in protected land).

Don’t take chances with your life savings, hire a lawyer on buying or selling property in Spain.

Lawyer’s fees are 100% tax-deductible anyway.

 

At Larrain Nesbitt Abogados we have over 20 years’ 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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Random controls on applying for a Tourism Licence in Andalusia!

Raymundo Larraín Nesbitt, April, 17. 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.

 

The Andalusian Tourism Registration Authority has changed its modus operandi, and are now carrying out random controls upon registration. Whereas before some properties would be subject to random controls several months after attaining a tourism licence, they have now brought this control forward.

Meaning shortly after registering successfully for a TL you may find they land you with a legal notice requesting a series of additional documents from you (i.e. a Licence of First Occupation) justifying what you have just claimed. The significance of this is that failure to comply within 10 days will automatically land you with a huge fine (in the thousands of euros). Non-payment will lead them to place a legal charge against your property. You need a digital certificate to reply in due form and time to this legal notice.

That is why we strongly advise you to hire a law firm like ours to register you and avoid you humongous fines for non-compliance. We also register holding companies.

We offer this service: Registration of Holiday Homes (only Andalusia)

We register your holiday accommodation and attain a Tourist Licence in 24 working hours (a specific POA is required).

 

At Larrain Nesbitt Abogados we have over 20 years’ 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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Reminder - Q1 2023 Non-Resident Income Tax filing (NRIT)

Raymundo Larraín Nesbitt, April, 1. 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 Q1 2023 quarterly tax return now in April 2023. You are being taxed on your rental income for the previous three months: January, February, and March.

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 Q1 2023 non-resident tax returns is Friday the 14th of April 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. VOV.

2.023 © Raymundo Larraín Nesbitt. All rights reserved.

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Portugal to scrap Golden Visa permits and ban holiday rentals

Raymundo Larraín Nesbitt, March, 23. 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.

 

For years, I have praised and commended in my articles the economic policies adopted by Portuguese Socialist politicians. These economic and housing measures have greatly contributed to attract vast foreign investments (over 6 billion euros in Golden Visas alone), have created thousands of well-paid jobs, improved the country’s overall business reputation, and in effect boosted Portugal’s GDP. Portugal was the leader, the example to follow by other countries, including Spain.

Alas, times move on, and the winds of change blow. A majority left-wing is now in power, and they wish to change things. Their majority will confidently allow them to pass new radical laws in parliament more in line with their electorate. A draft bill has been submitted to parliament that would in effect break the existing status quo in Portugal on foreign investments and visas introducing major changes I collate below (source):

  • Scrap Golden Visa permits, following a budding trend in other EU countries i.e. Ireland
  • Ban outright new holiday rentals
  • Not renew existing holiday rental permits when they expire
  • State-imposed, planned rental prices (no longer determined by private individuals/landlords), on rental agreements. This means rental prices will be capped and determined by the government
  • Increase the duration of rental agreements to a mandatory 5 years
  • Town halls will be empowered to seize empty homes (defined as unoccupied for over 100 days) and offer them as ‘social housing’ to the locals
  • Local Authorities will be able to request property owners to contribute towards (imposed) property improvements
  • Etc.

You don’t need a degree in economics to realize how bad the new proposed measures are for Portugal, the economy, and ultimately for its society in general. These new measures are what communist elements in the Spanish government (Podemos) have wet dreams of doing in Spain.

It’s a real shame what the Portuguese government is bound to approve and, in my humble opinion, I think it will greatly deter and discourage foreign investments in Portugal. I foresee a sharp drop in pastéis de nata consumption and a spike on gazpacho demand.

However, as the saying goes, one man’s meat is another man’s poison.  The silver lining is that these foreign investors will look elsewhere and may be attracted by Spain’s free market low taxation areas, such as Madrid and Andalucia. These two regions in Spain have suppressed Wealth Tax and Inheritance Tax (besides tweaking a myriad of other taxes, including personal income tax, toning them down; some even go as far as speaking of ‘Spanish tax havens’). Not to mention that Golden Visa residency permits are more than welcome by the Spanish Government, which rolls a red carpet for them. Perhaps I should apologize for my schadenfreude. I make a mental note to add it to my to-do list.

 

At Larrain Nesbitt Abogados we have over 20 years’ 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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