Basic information on personal taxes when retiring to Spain

TAXATION OF UNITED STATES PENSIONS IN SPAIN OBLIGATION OF INFORMATION ABOUT GOODS ABROAD   TAXATION OF UNITED STATES PENSIONS IN SPAIN If a natural person turns out to be a FISCAL RESIDENT in Spain, he / she will be a taxpayer for the Personal Income Tax (IRPF) and must be taxed in … [Read more...]

Spain’s Supreme Court hits Banks harder than any other Court in Europe

Read the Spanish Supreme Court decision dated December 23, 2015 and you will reach the section where the largest number of abusive provisions in the banking sector across Europe was declared. This Judgment as having been issued in a proceeding in defense of the general interests of consumers has … [Read more...]

The Plenary of the Spanish Supreme Court ruled on a multi-currency mortgage on November 15th, 2017

What was the case about? The ruling puts an end to a litigation that began when Caixa Bank, formerly Barclays, cancelled in an anticipated manner on the mortgage loan in yen, given the impossibility of the borrowers to meet the payments. The judgment of first instance declared the partial … [Read more...]

Some short legal tips on Land Grab or Urban Expropriations in Spain

Where are Urban Expropriations (Land Grab) regulated in Spain? The urban expropriations are mainly regulated by regional legislation without prejudice to the application of  Ground Act of National scope. The Forced Expropriation Act, in any case, is supplementary to the aforementioned … [Read more...]

Spain’s Supreme Court keeps explaining Floor Clauses in Mortgage contracts: No agreement can eliminate effects of nullity

What is null and void cannot bring any effect or as the Roman’s used to say “Quod null est, nullum effectum producit” When a clause is null and void, it is null from day 1 of its existence and all effects derived from its inclusion on a contract, need to be reversed as they should have never … [Read more...]

Spain’s Supreme Court rules that banks must pay interest and court costs on Floor Clause cases

In a very recent sentence dated 11 October 2017, the Civil Room of the Supreme Court reiterated doctrine first expressed on 4 July 2017. In accordance with the principles of defeating, not linking the consumer to the abusive clauses and effectiveness of European Union law, the Court costs of the … [Read more...]

Spain’s Supreme Court Administrative Chamber sets new doctrine on punishment to banks by Administration

Supreme Court Judgment 1157/2017, of September 16th, has established as a doctrine that the Administration can sanction the use of abusive clauses in contracts with consumers and users without prior judicial pronouncement by the Civil Judge. The Contentious-Administrative Chamber of the High … [Read more...]

Can I withdraw from the rental contract before the deadline set in the contract?

Art. 11, amended by Law 4/2013, regarding the withdrawal of the contract in housing leases, sets: Requirements: - The tenant can withdraw once six months have elapsed from the duration of the contract, regardless of whether it has a longer period or not to the three years established in art. … [Read more...]

How is Case Law evolving for actions against off-plan developer’s Banks?

Quite brilliantly!  More and more for the protection of buyers and the fair equilibrium of risks and guarantees in that field.  A very human centered approach.  Good for the Spanish Judges. The last relevant Sentences by Provincial Appeal Courts are those which negate the banks argument which was … [Read more...]

Closing down a company in Spain

If you have an inactive company in Spain and are looking to close it down, these are the steps: Partners agreement and Minutes of Dissolution 2. Notary deed of Dissolution and Liquidation 3. Settlement of accounts 4. Report to the Mercantile Registry 5. De-registering from the Tax … [Read more...]

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