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. Continue reading “WELCOME”
Any owner registered in the Land Registry can take legal action to compel someone to carry out works needed to remove an obstruction to the view from their property so as to restore things to their prior condition before the disruption occurred
Anyone who is a director of a Spanish limited company has certain legal obligations (which is why the director is required to accept the position) and is therefore liable for its acts and omissions when they in any way damage the company itself, its partners or creditors, the three most significant interests for which the Spanish juridical system provides greater levels of legal protection.
that requires the vendor/promoter to cancel the off-plan purchase contract if the finished property does not significantly match what was described in the contract or promotional publicity, said legal action seeking the return of stage payments and fees, with interest.
Spain’s autonomous communities have devolved powers to legislate in certain tax matters. In the case we are examining here, that of inheritance and gift tax, the Canaries enjoys certain tax benefits for children and spouses that are greater than in other autonomous communities, specifically:heirs belonging to groups I and II (spouse, parents and children) are granted a 99.9% discount of the tax payable on lifetime gifts (“inter vivos”) provided that the donation is formalized in a notarial deed.
Spouses, descendants and adopted children also enjoy a 95% reduction on the net value of elements of a business or professional activity developed by the donor, provided that a series of requirements are met. Continue reading “INHERITANCE & GIFT TAX UPDATE”
Let’s imagine, for the sake of argument, that you have signed a long-term contract which established obligations or provision of long-term services, and suddenly you find your circumstances changed dramatically (eg. death of the person who had to provide the contracted services) … even a global economic recession .. or indeed any circumstances that are extremely burdensome on one of the contracting parties (terminal or chronic illness), then there exist exceptional legal grounds for annulling a clause in the contract (the usual procedure) or even the termination of the contract itself by means of the “rebus sic stantibus” clause. This legal remedy should be used sparingly. Continue reading “WHAT TO DO WITH A SIGNED LONG-TERM CONTRACT WHEN FACED WITH AN UNFORESEEN CHANGE OF CIRCUMSTANCES AFFECTING COMPLIANCE WITH ITS TERMS”
Given the numerous enquiries and questions received in respect of Decree 113/2015, of May 22, which approved the regulation of holiday homes in the Autonomous Community of the Canary Islands (BOC No. 101 of 05/28/2015), the Canarian Tax Authorities have announced on their website that a vivienda vacacional rental (defined as a temporary holiday let to someone in exchange for money and which has been advertised in tourism-related channels) is an activity subject to, and not exempt from, Canarian Indirect General Tax (IGIC). Continue reading “TAXATION OF VIVIENDA VACACIONAL (PRIVATE HOLIDAY RENTAL) PROPERTIES”