Documento sin título
  • Conveyancing
  • Wills / Inheritances
  • Power of Attorney
  • Taxes
  • Nie Number/Residency
  • Mortgages
  • Translation
  • Companies
  • Litigation

Conveyancing

Once you have decided to buy or to sell a property in Spain, we will guide you through the whole process and provide you with expert advice.

This will include preparing the contract to ensure that your rights are protected, ensuring that the vendor owns the land, that the developers have permission and licences to build and that there are no debts attached to the property.

When it is time to complete we will meet you at the notary office and our staff will verbally translate the Escritura de compraventa (Title Deed) prior to it being signed by both you and the seller in the presence of a notary.

After completion, we will take care of paying the taxes involved and arrange the Deeds to be submitted to the corresponding Land Registry for registration.

We will also deal with the change of ownership on supplies contracts and Town Hall Rates (IBI) and arrange the direct debit for all those bills.

Wills / Inheritances

If you are non-resident in Spain, my advice for you is to have a Last Will & Testament made to distribute your Spanish assets in the event of your death. The Spanish Laws on Inheritance state that, on your death, your estate will be shared amongst the heirs according to the rules of your country.

To hasten the international private law procedure and bureaucracy after death it is, therefore, advisable to prepare a Spanish Will relating to your assets in Spain. This can easily be prepared for you by your lawyer. Once your decision has legal form, you will have to testate before the Notary (who gives faith of your identity, the authenticity of your will and your capacity to testate.

If you have properties in more than one country, is advisable to have wills in each country in order to avoid complicated translations, certifications and procedures for your family after your death. Obviously, it is much simpler to keep the Spanish estate separate from any other assets and to rely on a local professional to handle the formalities.

Unlike in Britain, there is no exemption from inheritance tax between husband and wife. A tax form must be completed and the taxes paid. In Spain it is the heir who is taxed and not the estate. Tax will be calculated on the relationship of the heir to the deceased, the amount of the inheritance he/she receives and existing wealth. All assets will be taxed – bank accounts, property, cars, golf shares etc.

If you are a legal heir, there are certain steps to follow if you wish to transfer the assets you have inherited in Spain so they are in your name, so it is advisable to contact your solicitor as the process can be complicated.

Power of Attorney

Power of Attorney is a convenient and commonly used way of finalising transactions in Spain by authorising a trusted representative if for personal or professional reasons you are unable to be present at completion of your property.

A special Power of attorney to Solicitor and Procurator is compulsory for litigations at Court.

We can arrange for the Power of Attorney to be signed in any country.

Taxes / Fiscal Representation

As a property owner in Spain you are bound to pay certain taxes. There are two taxes that have to be paid annually, local rates (IBI) and Wealth Taxes to the Spanish Revenue, which are based on the rateable value of the property.

We provide a comprehensive and professional Fiscal Representation service.

Capital Gains Tax.- In the event of selling your property in Spain, the vendor may be obliged to pay Capital Gains Tax.

Our accountant handles these matters on your behalf arranging the payment of any tax due in this respect or applying for the appropriate refund if the vendor has made any prior payments on account of this tax.

Nie Number

As a property owner in Spain you will be required by law to apply for a “foreigners’ identity number” (N.I.E. number). This number should be applied for before completion, by you personally or by Power of Attorney.

If you are in the area prior to completion please contact us in order to arrange your application.

If you are unable to travel to Spain, we can advise you how to apply for it through the Spanish Embassy in your country. Bear in mind that this process can take a few months.

RESIDENCY

If you decide to become a resident in Spain, we can guide you trough the whole process.

Mortgages

In the event that you require a mortgage loan for the purchase, changing the conditions of your existing one or cancelling it, we can assist you through the process. We could provide you with contact details of the local banks.

Translation and Legalisation of Documents

There are situations where you may need to use a document originated in a different country/language. On those cases, we can offer the service of official translations and legalisation of documents

Companies

Setting up a company in Spain, which includes preparing the Memorandum of Articles of the Association, obtaining the certificate from the Business Register with the name of the company and the CIF (fiscal identification number) and taking care of your taxes.

Registering your foreign company in the event of purchasing a property or conducting business in Spain.

Litigation

We have a wide experience in court proceedings, which we will apply to protect your interests. We will be pleased to represent you in any kind of issues, civil, criminal (formal complaints), divorces, etc.

 

Imont Legal Services, S.L
Avda. de la Union, 82
30730 San Javier (Murcia)
Tlf.:968 195 045
Fax.:968 195 121
info@imontlegalservices.com
NEWS NON-RESIDENT TAXES
As you may know, from 2009 on the Non-Resident Wealth and Income tax (form 214) will become the Non-Resident Income tax (form 210). This change in the law entails a series of changes with respect to the calculation (it will be less than previous years). This means that we will contact you during the summer in order to inform you of the amount of your tax and fiscal representation fee. On the other hand, we highly recommend that you forward to us (via email or fax) the last Council Tax bill (also known as IBI). If you provide us with this bill we will calculate the amount of your tax based on the cadastral value indicated on this bill. If we don't have the cadastral value, the law stipulates that we have to use the purchase deeds value for the calculation, which is significantly higher, resulting in a higher tax amount.