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.

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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:

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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.

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RECOVERING DEPOSITS FOR OFF-PLAN PURCHASES

Housing project processIf you have bought a property off-plan, or are thinking of buying one, you need to be aware that the law in Spain changed in 2016 and this might affect you.

Building Regulation Law (Ley de Ordenación de la Edificación – LOE) came into force on 1 January 2016, and it introduced important changes for off-plan buyers.

Principally, it cuts the period within which those who have not yet taken possession of their property can reclaim their deposits from the promoters and banks which received them without providing the legally-required guarantees. Before 31 December 2015, Law 57/1968 of 27 July established a period of 15 years from the agreed delivery date for reclaiming a deposit for breach of contract (when the property was not handed over by the contracted date or when there was a significant delay in handing it over).

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VISIT & RESIDENCE IN SPAIN OF EU NATIONALS

Depositphotos_6474350_s-2015The right of entry and departure, free circulation, stay, residence, permanent residence and work in Spain for citizens of other EU nation states, and those states which are part of the European Economic Area, is regulated by Law Real Decreto 240/2007, of 16 February modified by Real Decreto 987/2015, of 30 October.

These rights apply to all members of your family regardless of their nationality if any of the following circumstances apply to them at the moment of application:

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MUNICIPAL PLUSVALÍA TAX – WHEN IT HAS TO BE PAID

Depositphotos_10165714_s-2015.jpgOnce we have taken the decision to sell our second home, we ask our advisor how much tax we will have to pay on the profit or capital gain, assuming there is one. Indeed, in some cases the Ayuntamientos punish taxpayers (i.e. vendors) with an unexpected and excessive municipal tax on a non-existent gain when the vendors are selling their property for the same price they paid for it years previously.

Well, now the Spanish Constitutional Court has put an end to this practice in a recent ruling.

The Constitutional Court partly annuls the Municipal Plusvalía regulation.

Date: 18/05/2017

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