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WELCOME

I am a Spanish lawyer based in South Tenerife, Canary Islands, Spain.

My law practice covers the following areas of the Spanish law: international law, litigation and disputes related to foreign investments, property and business law, inheritance and family matters.

Functions of lawyerI have more than 25 years experience.

I am a member of the Tenerife Law Society (number 1685, Colegio de Abogados de Santa Cruz de Tenerife).

The blog section on this front page contains posts summarizing information, advice, legal judgments, news, and legislation in Spain of interest to English-speaking readers.

You may find more detailed information about these subjects in my specialized websites:

The Legal Information Hub (LIH)

The Tax Information Hub (TIH)

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HOLIDAY RENTALS

fTourism 3D cube Word Cloud ConceptThe question is: Can I rent my apartment for weekly holiday lets in the Canaries? 

Weekly rental via advertising (internet, press, estate and travel agencies, etc) is considered as a commercial rental or use other than residential, and this activity falls within the exclusive jurisdiction of the Canarian Government, for which reason it is regulated by regional legislation.

Before privately offering an apartment as touristic accommodation you must be aware that Canarian law imposes heavy financial penalties for this type of tourism operation when it is carried out illegally.  Continue reading “HOLIDAY RENTALS”

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GUIDE TO RENTING PROPERTY IN SPAIN

2639730d-e4b6-4a40-81ab-4a5b3970d7fbIt might seem obvious, but the first thing to be aware of is that rentals in Spain are legislated differently to the way they are regulated in other countries. Never assume that the way you rent your property and the contracts that you use in your country are valid in Spain. Continue reading “GUIDE TO RENTING PROPERTY IN SPAIN”

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DISSOLUTION OF JOINT OWNERSHIP

cute 3d guy is in conflict ("Happyman" series)Quite often we get enquiries from someone who has bought a second home in Spain with their partner, friends or family, and who for various reasons cannot or does not want to continue with their co-ownership.

Spain’s legal system offers a judicial solution for those cases where one of the co-owners refuses to sell given that no-one is obliged to continue in joint ownership: the wish of one co-owner to sell obliges the fellow owners to sell as well.
Here we look at two solutions to this problem.

Continue reading “DISSOLUTION OF JOINT OWNERSHIP”

COMMUNITY – Governing bodies and owner representation: Questions and answers (II)

THE FUNCTION OF THE PRESIDENT OF A COMMUNITY

The president must be an owner or the appointment will be null and void. A limited company can be appointed. The president is the person or body who represents the community  externally, and its most important individual, such that the other members of the community especially the secretary  and administrator, are required to carry out his/her administrative orders and instructions, though this does not empower him to dismiss anyone, nor to take legal action or file claims, sack employees and approve works, without  approval of the community.

Continue reading “COMMUNITY – Governing bodies and owner representation: Questions and answers (II)”

COMMUNITY – Obligations of owners: Questions and answers (I)  

In this article we consider issues frequently of concern to new owners of a property in a building or complex subject to Horizontal Property rules and about which misunderstandings often cause problems with their new neighbours. Continue reading “COMMUNITY – Obligations of owners: Questions and answers (I)  “

FOREIGNERS’ INHERITANCES IN SPAIN: TAXES AND PROCEDURES 

French heritage sphere with keywordsThe following looks at the steps that must be followed in the event of the death of a family member who owns property or has interests in Spain.

PERIOD OF TIME:

The first thing to bear in mind is that bureaucratic procedures must be completed within six months of death. Where there is a delay, an extension of a further six can be requested in writing from the tax authorities. Failure to complete the procedures in the legal time periods will result in surcharges and penalties.

It is advisable, therefore, to engage a specialist professional to avoid problems and delays Continue reading “FOREIGNERS’ INHERITANCES IN SPAIN: TAXES AND PROCEDURES “

VISIT AND RESIDENCE IN SPAIN AS NON-EU NATIONALS

group of stick figures peopleIn this article we analyse the situation of people from countries which are not EU member states, and who move to Spain to reside on a temporary or permanent basis. We also give a simple overview of the basic procedures to be able to reside in Spain.

Living in Spain for a period of not more than 90 days is known as estancia (a visit) and when the period is over 90 days it is called residencia (residence).

Residence can be of short or long duration. In order to acquire legal residence certain criteria must be complied with and administrative authorizations obtained, and for these you will need a passport or identity-accrediting travel document, VISA or ID card, as applicable.

Continue reading “VISIT AND RESIDENCE IN SPAIN AS NON-EU NATIONALS”

GIFTS AND HOLDING COMPANIES: FISCAL ADVANTAGES AND PROCEDURES

Tax Word Cloud ConceptOnce we have made the decision to buy a second home in Spain, we can consider the following issues:

If one of the owners dies, are the procedures difficult? How much tax will the heirs have to pay? There are often cases where the heirs don’t have the means to go through the legal procedures and pay the taxes in their own country, and then again in Spain … and so, what do we do?

We can make two suggestions:

Continue reading “GIFTS AND HOLDING COMPANIES: FISCAL ADVANTAGES AND PROCEDURES”