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Recommended Conveyancing Solicitors: Finding a Specialist

12/30/2014 Rafael Guerrero

A mini guide to finding recommended conveyancing solicitors.

Buying a Property in Spain

When a property is sold, the buyer must transfer the property’s title deeds into their name through a process known as recommended-conveyancing-solicitors ‘conveyancing’. This official procedure entails the drawing up of a contract between the buyer and seller containing a description of the property, such as its boundaries, price, and any fixtures or fittings included, as well as outlining any applicable planning restrictions. The contract must also include the completion date and an energy performance certificate for the property.

Why employ a recommended conveyancing solicitor?

Even though it may be possible to do the conveyancing paperwork yourself, it can be extremely complicated, and you could potentially get yourself into a big mess if something were to go wrong. Therefore, instructing a recommended conveyancing solicitor to act on your behalf not only saves you time and stress, it is also the safest and most sensible option to safeguard your investment.

What is a conveyancing solicitor?

A conveyancing solicitor is a type of lawyer who specialises in property law and is regulated by the Council for Licensed Conveyancers. Good conveyancing solicitors will help you conduct any checks and searches on the property you are planning to purchase.

Our Conveyancing Services

At Andalucía Lawyers we work to offer our clients efficient and reliable conveyancing services. These include, but are not limited to:

Buying and selling commercial, industrial and residential property.
Financing.
Commercial and retail leasing.
Consultations for first property buyers looking to get their foot on the property ladder in Spain.

Property conveyancing

Property Survey

When you buy a property, a survey can prove really important for your peace of mind as you must make sure there are no structural problems or nasty surprises with the building you are planning to purchase.

Once you have chosen your ideal property, your mortgage lender will assess its value. The most generally accepted type of survey is the simplest one, the so called ‘home buyer’s report’. This outlines the general state of the building, including any evidence of subsidence.

Completion Day

If everything is in order, our experienced conveyancing solicitors at Andalucía Lawyers will register the change of ownership at the Land Registry. Following this, your purchase will be complete and you will be free to move in. Congratulations!

Due Diligence When Buying Property in Spain

Costs Involved in Purchasing Property in Spain

What is a Power of Attorney?

Costs Involved in Selling a Property

Appointing a Representative

The EU Court Rules that Non-resident Inheritance Tax in Spain Is Illegal

10/24/2014 Rafael Guerrero

On Wednesday 3 September 2014, The European Court of Justice declared Spain’s “discriminatory” inheritance law illegal according to EU law.

The Court ruled that inheritance tax in Spain and gift tax laws are discriminatory in cases where the deceased or the giver, the inheritor or the recipient are not Spanish residents, and also when the bequeathed or donated assets are situated abroad. Spain has six months to change its law and the changes should come in by January 2016 at the latest.

Discrepancies between Resident and Non-resident Inheritance Tax in Spain

It all comes down to the differences in the complicated way Spain processes resident and non-resident inheritance taxes. Taxes on a resident’s estate are paid to the government of the autonomous region where the deceased resided. Each of Spain’s 17 autonomous communities is free to amend the State rules to set its own fiscal reductions on inheritance tax in Spain.

On the other hand, non-resident inheritance and gift tax is handled by the Spanish State. Non-resident inheritors or recipients of a donation are unable to benefit from the autonomous communities’ tax reductions enjoyed by residents.

As a result of this discrepancy, the difference between the inheritance tax charged to residents and non-residents can be enormous. For example, in Andalusia the spouse or offspring of the deceased may inherit up to €175,000 tax-free. Compare this to the State’s general tax-free allowance of €16,000 for inheriting spouses or children.

Tax Refund

The European Court’s decision means that non-residents who have paid inheritance or gift tax during the past four years can now claim back the difference between the tax they paid, and the amount they would have paid had it been calculated according to the relevant autonomous community’s tax regulations. The Spanish treasury may also be obliged to pay interest of 15% – 20% on the amount due.

How to Claim: Why choose Andalucía Lawyers?

The Spanish treasury is out to lose a lot of money with this imposed law change, as a result the claims process will be far from easy. We are talking about a complicated legal process with a lot of paperwork, all of which must be perfect. There is no case law yet to follow so each claim will be judged independently. There is a time limit on claims; you have only five years to make a claim from the time of the inheritance. All of this taking into consideration that you can only apply for a refund once.

You need an experienced tax expert with specialised knowledge and impeccable attention to detail who understands both Spanish inheritance tax law and the EU rules. Contact us to arrange a consultation in one of our offices in Granada or Marbella, or over email or telephone, to discuss how the European Court’s ruling could apply to your situation.

Important Changes to Spanish Inheritance for Expats

Spain’s New Inheritance Tax Law for Non-Residents of Spain

Spanish Inheritance

Spanish Inheritance Tax

Spanish Wills

Spanish Golden Visa for Investors: Years 5-10+

10/03/2014 Rafael Guerrero

If you are a non-EU national with €500,000 or more to invest in property in Spain you can receive a Spanish residence permit known as the Spanish Golden Visa.

If you haven’t already, read our previous posts about the Spanish Golden Visa to find out if you meet the requirements and what applying for the one-year and two-year investor visas entails:

As an investor, can I be granted permanent residency in Spain or Spanish nationality?

After five years of continuous residence, Golden Visa investors can apply for permanent residence in Spain. Likewise, after ten years of residence, Spanish nationality can be requested. In such cases, an effective justification of at least six months of residence must be provided in the majority of cases.

Am I obliged to apply for permanent residency or Spanish nationality?

No, this is completely optional.

Are there any other investments that qualify me for a Spanish Golden Visa?

Yes, other investment options for gaining a golden residency visa in Spain include:

Investing two million euros in Spanish treasury bonds.
Investing one million euros in shares of Spanish companies or bank deposits in Spanish banks.
Developing a business project in Spain that accomplishes one or more of the following:
- Meaningful job creation.
- Socioeconomic impact.
- Relevant contribution to scientific and/or technological innovation.

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