Larraín Nesbitt Lawyers is a Marbella-based independent law firm specialized in property conveyancing, taxation, litigation, probate and succession. Expert native English-speaking lawyers and economists blend legal and practical advice providing tailored assistance on your matter. Our range of services cover the greater Marbella area, Sotogrande and Costa del Sol.


The firm focuses advising foreign investors on acquiring residential property in Spain both from a legal and fiscal point of view. Our no-nonsense approach to business coupled with our commitment to clients ensures easy-going transactions. We pride ourselves in putting our clients’ interests at the forefront of everything we do.


Larraín Nesbitt Lawyers, your legal partner in Spain.

Last Article:

EU-Family Regrouping

Raymundo Larraín Nesbitt, March, 1. 2021

Lawyer Raymundo Larrain explains to us one of four ways to legally bypass the pesky 90/180-day rule that now affects all UK nationals post-Brexit.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 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 © 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
1st of March 2021

 

The 90-day rule

Post-Brexit, all UK nationals are subject to the 90/180 rule, both in Spain and in the Union. Basically, this means you cannot stay in Spain (or the Union) for more than 90 days within every rolling 6-month period. This has become a real nuisance for Britons who own property in Spain (or Europe), or who simply like to spend long periods of time enjoying its gorgeous weather.

I keep getting asked, almost every day, how to bypass the 90/180 rule. There are in fact four legal ways, and in this article, I will be covering the fourth one.

I’m going to keep this article short & simple, avoiding unnecessary legalities.

EU-Family Reunification

All those UK nationals married to a partner who hold a passport of a member state of the Union, may apply for this residency permit.

The catch is that the EU national must already reside, or plan to reside, in the Union.

As Great Britain is after all a nation of nations, we all have commingled blood. It is not uncommon for Britons to trace back in their family tree some distant Irish relative. If one of the partners secures an Irish passport, for example, this would automatically qualify them both for a EU-family regrouping. The Republic of Ireland remains a member state of the Union. This would allow a British couple to formally attain a Spanish residency permit, allowing them to neatly circumvent the 90/180-day pesky limitation. They would no longer be subject to this rule, being able to come and go as they please from Spain.

However, if both partners have no real intention of relocating their residency over to the Union (i.e. because they both wish to remain UK residents), this permit is not an option.

Marriage

One of the core requirements is that couples need to be lawfully married (not separated). An updated marriage certificate needs to be produced, as part of the application procedure.

Requirements

  • Married.
  • One of them is an EU national.
  • Both need to relocate & live in Spain.

 

Advantages over other residency options

 

The advantages offered by EU family reunification compared to the other three residency options are countless; in fact, so much so, that in my opinion it even beats a Golden Visa hands down, which is widely regarded as the golden standard (excuse the pun).

Pros

  • Unlike a Golden Visa, you are not required to make a large investment in Spain. In fact, you are not required to make any investment in Spain!
  • Unlike a non-lucrative visa, this permit allows its holders to work in Spain, either as self-employed or employed.
  • Unlike a lucrative visa, you are not expected to make circa 30,000 euros a year. In fact, it has attached no minimum annual income requirements!
  • It allows you unlimited access & stay to Spain, not being constrained by the 90/180 rule.
  • Moreover, it allows you unfettered access to Spain and the Union (27 countries). The time spent in Spain does not count towards the EUs 90/180 rule. This is most interesting to businesspeople, as they can smartly combine time periods to (over)stay in the EU effectively overriding the 90/180 rule, on business trips and such.
  • Same-sex marriages are accepted.
  • Because of the intrinsic nature of reuniting separated families, the procedure is actually fast-tracked compared to other residency alternatives, as uniting separated families is an admin priority. In plain English, you attain it much faster than following the other three options.
  • Legal fees for this residency service are in fact lower than the other three alternatives.
  • By its own nature, it is meant to be a fast-tracked procedure, meaning you are required to submit much less paperwork to comply. In other words, it greatly streamlines the residency procedure cutting through all the red tape. Additionally, it also cuts down in expenses on sworn translations, apostilles and all assorted legalia. Every penny counts.

Cons

  • You actually need to relocate and live in Spain.
  • You actually do need to get married. Eh well, nothing is perfect.

 

Tax residency

As always, administrative residency and tax residency are two separate legal concepts. The fact that you apply for a residency permit, does not make you tax resident in Spain.

However, that said, both concepts do go hand in hand, and eventually overlap; if you live all year round in Spain, you will eventually become tax resident in Spain.

Conclusion

An EU family regrouping is one of four legal ways to bypass the pesky 90/180-day rule that now applies to all UK nationals in a post-Brexit world.

If you are considering this route, it is advisable you take legal advice beforehand on how this option may impact you taxwise.

An EU family regrouping is as good as it gets; it’s a win-win and has no strings attached (well, other than the getting married part).

 

“Life is short, but marriage is long... so drink up, and it will make it go a hell of a lot faster.” Quote from the movie “Rumour Has It…”

 

LNA has a 100% track record attaining Spanish residency

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

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

 

Residency services available from LNA

 

Golden Visa related articles

 

Article also published at Spanish Property Insight: EU-family regrouping

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. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Last Blog Entry:

How to pay less tax on selling property in Spain

Raymundo Larraín Nesbitt, March, 1. 2021

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 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 © 2021. Plagiarism will be criminally prosecuted.


By Raymundo Larraín Nesbitt
Lawyer - abogado
1st of March 2021


Springtime fast approaches. It is again that time of the year in which buyers' ‘nest' instincts quick in, driving estate agents into a buying frenzy. 

With this in mind, I’m writing a short post as a gentle reminder on how to greatly reduce your tax bill on selling property in Spain.

Whilst understandably most buyers are giddy on buying, and have anything on their minds other than selling, the fact is that if you want to greatly mitigate your tax bill on selling, you should plan ahead. Ironically, the best time to do this is when you buy a property in Spain. Planning ahead is key to pay a low tax bill.

Smart buyers will safely store a series of VAT invoices and taxes on buying to greatly reduce their CGT liability on selling, even years on. We collate below a list of taxes and invoices that may be offset against your CGT, on selling, greatly reducing your tax bill.


List of expenses that can be written off

 

On selling property in Spain, your lawyer can write off a series of acquisition & sales expenses that greatly reduces your profit, for tax purposes. The translation of this is that you pay very low taxes on selling. In fact, if done right, a non-resident seller is entitled to a 3% CGT tax rebate, plus legal interests. That's a a great deal in taxes a company like Larrain Nesbitt Abogados can save you.


1) On buying


•    Lawyer’s fees 
•    Notary fees 
•    Land Registry fees 
•    Taxes (yes, taxes on buying can be fully offset)


2) On selling


•    All property-related improvements (not maintenance costs) i.e. glass curtains, refitted kitchen, roof retiling, wood flooring, A/C installation, house alarm etc.
•    Estate agent's commission: VAT invoice.
•    Lawyer’s fees: VAT invoice.


Conclusion


Speaking from experience, I know it’s challenging for most buyers to be thinking of sales taxes on buying. Most people are enthralled by the colour of their new curtains, their fancy walk-in closets, the breath-taking sea or mountain views, the infinity pool, the lush tropical gardens and such trifle details.

However, it is my dull job to throw on a damper on buyer’s warm & fuzzy mood, and gently remind taxpayers that you can save yourself a great deal in taxes on selling (in most cases dozens of thousands of euros) if you happen to follow my above tax advice. You're welcome.

 

“But one type of book that practically no one likes to read is a book about the law. Books about the law are notorious for being very long, dull, and very difficult to read. This is one reason many lawyers make heaps of money. The money is an incentive – the word “incentive” here means “an offered reward to persuade you to do something you don’t want to do – to read long, dull, and difficult books.” – Lemony Snicket, The Bad Beginning

Daniel Handler (1970). Is an American writer and musician. He is best known for his children's series A Series of Unfortunate Events and All the Wrong Questions, published under the pseudonym Lemony Snicket.

 

At LNA we can assist you buying, selling or renting out your property in Spain. We have 18 years’ experience in conveyance & tax. We are also specialized in Immigration & Residency permits.

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

Larraín Nesbitt Lawyers is a law firm specialized in taxation, inheritance, conveyancing, residency, and litigation. We will be very pleased to discuss your matter with you. 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.

Related services:

 

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.

2021 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Last Press Entry:

How can I stay in Spain for more than 90 days? – Golden Visa

The Sunday Times, February, 21. 2021

The Sunday Times is a British newspaper whose circulation makes it the largest in the quality press market category. It is published by Times Newspapers Ltd, a subsidiary of News UK, which is in turn owned by News Corp. Times Newspapers also publishes The Times.

The Sunday Times has a circulation of just over 650,000, which exceeds that of its main rivals, including The Sunday Telegraph and The Observer, combined. While some other national newspapers moved to a tabloid format in the early 2000s, The Sunday Times has retained the larger broadsheet format and has said that it would continue to do so. As of December 2019, it sells 75% more copies than its sister paper, The Times, which is published Monday to Saturday.

The Sunday Times acquired a reputation for the strength of its investigative reporting – much of it by its Insight team – and also for its wide-ranging foreign coverage. It has a number of popular writers, columnists and commentators. Besides the main news section, it has standalone News Review, Business, Sport, Money and Appointments sections – all broadsheet. There are three magazines (The Sunday Times Magazine, Culture, and Style) and two tabloid supplements (Travel and Home).

The Sunday Times kindly quoted us again as source for one of their features: How can I stay in Spain for more than 90 days?

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