At Welex, we have professionals, lawyers and economists, with more than 25 years of experience in Spain.

welex office

Welex, your lawyer and economist in Spain, has the pleasure to share with you a list of typical questions and the corresponding answers.

In our extensive experience in the field of the application of the law in Spain and in the world of tax advice, we have been developing a group of matters to which we are pleased to bring you closer through the following lines:

Generally, the questions addressed to both nationals and foreigners are usually repeated, and you can find answers to many of your questions in the short consultations detailed below where we address issues that have been raised by our clients over the years.

We have the privilege of being a multidisciplinary firm, with lawyers and economists, first class professionals, a team with extensive professional experience in all areas of the law in Spain, serving as an example the following:

  • Advising on the drafting of a will in Spain
  • Buying and selling a property with or without a mortgage guarantee loan
  • The donation of real estate with the reservation of the life usufruct
  • The exercise of claiming amounts before courts and third parties
  • The claim of damages produced as a consequence of an insured amount by means of an insurance
  • Claiming for building damage or defects in your home in Spain
  • The filing of complaints and grievances to claim your rights as a victim or injured party of a crime
  • The defence at trial when the person has been accused as the alleged author of a crime in Spain until the defence at trial or the accusation before the jury in all courts.

Property transactions in Spain

Our offices are located in Marbella, Malaga, offering our legal and tax services throughout Spain.

Our law firm in Spain specialising in real estate and registry law and offers you a group of highly qualified lawyers and economists in this sector of the legal system, providing you with specialized advice on everything related to real estate law in Spain.

welex experts in the purchase and sale of real estate Spain

Along the following lines, you will find relevant information on issues related to both the purchase and sale of real estate in Spain, providing concise answers on these matters.

We also address issues related to the ownership of real estate in Spain, such as some of the tax obligations that must be met when buying, holding or selling real estate in Spain.

Finally, we also discuss some of the obligations that the owner is obliged to comply with when acquires a property in Spain under the horizontal property regime, such as the communication of the change of ownership of the property to the property administrator, if any, although in the area of the community of owners in Spain it is dealt individually, as well as due to its importance and practical difficulty, in other entries on this website.

Continue with us and do not hesitate to contact this law firm in Spain in order to enjoy the services specialized in real estate-registration law.

In our office in Marbella, all the lawyers and economists are members of the corresponding professional associations in Malaga.

By Property lawyers in Spain of Welex!

When you acquire a Property in Spain which is part or belongs to a residential complex, divided in one or various buildings and with communal areas, such as swimming pool, sports area, corridors and stairs,    the exclusive property right falls on the apartment, which is a delimited and independent space, as well as on the annexes that have been expressly assigned to it, for example a garage or storage room, although they have been located outside the delimited space.

The remaining elements, belongings and common services are held in co-ownership with the other owners of apartments or premises in the complex.

To each dwelling or premises in Spain corresponds a participation fee or quota in relation to the total value of the complex, and this quota determines the participation in the charges and benefits of the community

Thus, while on the Spanish apartment, the right of use and enjoyment are privative, on the rest of the elements of the complex the right of use and enjoyment are shared with the rest of the co-owners; but both rights, exclusive and shared, are inseparably linked.

The coefficient or quota establishes or assigns the participation in the common elements and in the charges of the Community of Owners in Spain. Therefore, the complex is physically divided into apartments, premises, and common areas, and legally and economically in quotas.

Do not hesitate to contact one of our expert’s property lawyers in Marbella now! Read here more about community of owners in Spain.

By Welex, your multilingual property lawyer in Marbella of our conveyancing law firm in Spain.

We are going to explain to you in a simple way how to calculate the capital gain tax in Spain to be paid at the time of the sale of your property in Spain

The capital gain tax is determined in Spain by calculating the difference between the transmission and acquisition value.

The acquisition value of the property in Spain is obtained by adding to the purchase price the amount of expenses and taxes which are inherent to the acquisition, such as transfer tax, notary expenses and property registration.

The transmission value of the property in Spain is obtained deducting from the sale price the expenses and taxes inherent to the sale that have been paid by the seller, like plusvalía tax and real estate agent involved in the transaction.

The tax rate of the capital gain tax in Spain that is applied to the difference between both transmission and acquisition values ​​is 19% applicable for non Tax residents in Spain but in the E.U.

It should be borne in mind that the buyer is obliged to retain and pay 3% of the purchase price to the Spanish Inland Revenue as payment on account of the seller’s tax corresponding to the sale.

Term of declaration of the capital gain tax in Spain: three months counted from the term that the person who acquired the property has to deposit the 3% retention (this term is, in turn, one month from the date of the sale).

Purchase price of the property in Spain  250.000€.
-Notary 1.100€
-Registry 650€
-Transfer tax 20.000€

Acquisition value 271.750€.

Sale price of the property previously purchased in Spain 300.000€.

-Plusvalía 3.500€
-Estate Agent 18.150€

Transmission value 278.350€.

The difference between both values is of 6.600 €, with a rate of 19%,the quota to be paid is to the amount of  1.254€.

Taking into account 3% retention of 9.000 €, the vendor would be entitled to claim for the reimburse of the excess retained, in this case the amount of 7.746€.

Do not hesitate to contact one of our Property expert lawyers in Marbella of our conveyancing law firm in Spain for any legal or tax inquiry you may have.

By Welex, your conveyancing law firm in Spain

This matter is regulated in article 19 of the Spanish Building Construction  Law of November 5, 1999,” Ley de Ordenación de la Edificación”.

The promoter or developer in Spain is the person, natural or legal, public or private, who develops and finances, with own or third-party resources, the construction works for his own use or for sale or delivery, under any title to a third party.

The promoter in Spain has the obligation to subscribe  the following insurances, to guarantee material damage due to defects in the construction:

  1. For one year, insurance to guarantee the restitution of material damages for defects or execution defects that affect elements of completion or finishings of the works, which can be replaced by the retention by the developer of 5% of the amount of the material execution of the work.
  1. For three years, insurance to determine compensation for damage caused by defects in the construction elements or facilities that cause the non-compliance with the habitability requirements established in the law itself.
  1. 3. For ten years, insurance to have compensation for material damage caused in the building by defects that are originated from or affect the foundation, supports, beams, floors, load-bearing walls or other structural elements, and that directly compromise the mechanical resistance and stability of the building.

The subscription of the mentioned insurances is a requirement for the subsequent granting of the Declaration of New Building Title Deed  and registration in the Land Registry of the property in the name of the promoter, for subsequent sale to the purchasing party.

Article 20 of the aforementioned Spanish Building construction Law establishes the following:

“Public deeds for the declaration of new construction of buildings to which this Law applies shall not be authorized or registered in the Property Registry, without the constitution of the guarantees referred to in article 19 being accredited and testifying. “

To inform the community of owners is relevant at the time of the sale of your home in Spain. This is an important matter as it may have consequences in relation to the payment of the debts of the community of owners in Spain which have been originated after the sale.

If I have sold, I have the obligation to inform the secretary of community of owners in Spain about the change of ownership of the apartment or premises, by any means that allows proof of receipt.

If I do not communicate this transmission of the Property in Spain you will continue to be responsible for the payment of the debts with the community, accrued after the sale and in solidarity with the new owner, without prejudice to the right I have to claim payment from the new owner.

The foregoing shall not apply when the community of owners in Spain has become aware of the change in ownership of the property by any other means or by conclusive acts of the new owner.

By Welex, your conveyancing lawyer in Marbella.

The owner of a Property in Spain may modify the architectural elements, facilities or services of the property when it does not reduce or alter the security of the building, its general structure, its configuration or exterior conditions or prejudice the rights of another owner, and has the obligation to inform previously the representative of the community about the works to be carried out.

In the rest of the Spanish property it is not allowed to make any alteration. In the event that urgent repairs are necessary, you must notify the administrator without delay.

In any case, it is the owner’s obligation to allow the repairs required for the use of the building, and to this effect, he must allow entry into his apartment or premises, for these purposes.

Do not hesitate to contact our mulitingual Property lawyers of our firm in Spain now for any legal or tax question you may have!

Spanish legislation provides for a series of guarantees in the acquisition of housing, both in terms of finished homes and homes under construction. About the latter, the amounts paid during this process are guaranteed by a bank guarantee.

Once the process has been completed, the law provides a group of guarantees, one, three, and ten years, to claim against those involved in the construction process, depending on the type of defect and the situations.

Contact us if you need more information about claiming for defects at your home in Spain.

By Welex, your litigation law firm in Spain

The existence of a private contract in Spain relating to the purchase of a Spanish home means that both parties have rights and obligations.

However, on many occasions, there are circumstances; both at the time of signing and afterwards, that make it possible to cancel such contracts in Spain.

In any case, an out-of-court dispute resolution procedure can be used to novate the contract signed or, ultimately, to terminate it.

Call us and we will advise you on your contract and on the possibilities of resolution of the same.

By Welex, your litigation lawyer in Spain

Contracts in Spain can be terminated when there are circumstances of public order that make the conclusion of the contract impossible, such as those concluded in fraud of creditors or those referring to litigious matters without the approval of the parties in the judicial process.

To this end, the person harmed by the contract can exercise it during the 4 years following the conclusion of the contract.

Contact us to find out if your contract in Spain can be terminated.

The immediate consequence of the cancellation of the contract is the possibility for the other party to demand the fulfilment of the obligation or the cancellation with compensation of damages. However, on many occasions, a solution can be found by consensus or, ultimately, mitigate the detrimental effects of the contractual resolution.

Our professional firm can guide you with an expert hand in this type of matter. Give us a call.

The consequence of the failure to comply is the possibility of demanding compliance or, if necessary, compensation for damages.

Contact us and we will help you with the non-fulfilment of your sales promise.

The simple note collects information related to your property in Spain, contained in the Land Property Registry.

A Simple note can be obtained a the local Land Registry in Spain. It is a manifestation of the Registrador of the contents of the registered information at the Registry Books with a purely informative value, not giving faith of the contents of the registered entries.

The simple note includes the following information:

Data of the property: location, description, its surface and built square meters, boundaries and participation fee in the complex to which it belongs, where appropriate.Rates reference, when this information is available at the Land Registry.

The property is also identified with a unique registration code and has got a registered number assigned to it.

With reference to its ownership, the simple note shows who is the owner of the property, with his name and surname in the case of a natural person or the name of the company in the case of a legal person.

In the charges section, the simple note includes whether the property is taxed with any charge such as a mortgage, embargo, a lien or tax encumbrance .

At Welex we can request a simple note of the home that you are going to acquire or your home in the event that you are already an owner to be sure that the property is registered in your name and free of charges and encumbrances.

Companies in Spain

In today’s world, the activities carried out by entrepreneurs in Spain, both individually and collectively, have become the driving force of our consumer society. This has led to a growing number of regulations, including civil law aspects applied to commercial law in Spain:

  • The commercial contract of sale in Spain
  • Distribution contracts, courier contracts
  • Commercial financing or deposit contracts, as in the administrative field in the relations of the businessman in Spain with the administration that is materialized in the relations with the different administrative entities where the State Tax Agency and the Social Security gains special relevance.

We cannot ignore relations with the local corporation itself in Spain in order to obtain an activity licence, as well as the regulation of opening and closing hours.

All of this has led to the emergence of a complex and highly technical law designed to meet the needs of entrepreneurs in the development of their activity and to guarantee the rights of individuals in their relationship with them:

Along the following lines, you will find useful information regarding the form of incorporation and development of the most common type of legal entity in this sector, the limited liability company in Spain. You will find below an approach to the incorporation, operation, obligations, costs, and management in the trading activity of the limited liability company in Spain.

Please contact our Spanish law firm for further information on this and many other areas of this exciting sector of the Spanish legal system.

By Welex, company lawyers and accountants in Spain

If you wish to proceed with the constitution of a company in Spain, it will be required to go to a notary to grant the Deed of Incorporation, and later, said deed must be registered in the Spanish Mercantil Registry.

For the granting of the Incorporation Title Deed in Spain in front of a notary, all the founding partners, whether natural or legal persons, by themselves or through a representative, will have to attend the meeting at the notary.

The Articles of Incorporation of the company will include, among others, the following points:

  1. The identity of the partner or partners.
  2. The intention of incorporating said company choosing the type of company to be set up.
  3. The contributions that each partner makes and the numbering of the shares.
  4. The statutes of the company.
  5. The identification of the director of the company.

If the Spanish company were of limited liability, the Articles of Incorporation will determine the specific manner to organize the administration.

With reference to the By Laws that will include the way to operate for the company, the Deed will include the following:

  1. The name of the company.
  2. The corporate purpose, setting the activities that comprise it.
  3. The registered office.
  4. The share capital, the shares into which it is divided, their nominal value and their corresponding numbering.
  5. The way of organizing the directorship of the company, the number of administrators or, at least, the maximum and minimum number, as well as the term of the position and the remuneration system, if any.
  6.  The way to deliberate and adopt their corporate resolutions.

Unless the statutes provide otherwise, the date of the signing of the Incorporation Deed  will suppose the beginning of the operations of the company.

Regarding the duration of the company, unless otherwise provided in the statutes, the company will have an indefinite duration and it will be understood that the fiscal year ends on the thirty-first of December of each year.

Do not hesitate to approach one of our multilingual accountants en economists of our Firm in Spain for any company query you may have.

Welex, company lawyers and accountants in Spain

We will explain in these brief lines the need of registration of a capital share company in Spain at the corresponding Spanish Mercantile Registry.

For these purposes, the founding partners or the directors of the company, will have to present the Spanish Title Deed of Incorporation at the Mercantile Registry in Spain and, previously, they will have to practice the liquidation of taxes and make the payment of the corresponding taxes and expenses.

The requirement of the presentation of the Spanish Title Deed of Incorporation of the company for its registration is a legal duty, which must be carried out within two months from the date of the granting of said Setting up of company Deed.

If the founding partners or the directors do not carry out this legal duty, they will be jointly and severally liable for the damages and losses caused by the breach of this obligation.

We must bear in mind that for the registration of the Deed of Incorporation and all other acts related to the company, it will be necessary to have settled at  the Liquidation Tax Office,  the taxes corresponding to the registrable act.

We are now going to determine the effects produced by the registration at the Spanish Mercantile Registry of your company in Spain:

First, it should be noted that with the registration the company will acquire legal personality.

Second, we must specify that the shares of a company cannot be transferred before the registration of that company.

Its non-transferability is included in the Capital Companies Law in its article 34, whose content is of the following literal wording: “until the registration of the company or, where appropriate, the agreement to increase the capital share at the Mercantile Registry, it will not be allowed to transfer the social participations, nor to deliver or transmit the shares “.

Family law in Spain

Are you in a crisis situation with your partner in Spain? Do you want to extinguish a relationship you have in Spain and establish a regime to regulate the effects with your children?

Do not hesitate, Welex, your family law lawyers in Spain, can help you.

At Welex, we have lawyers specialising in family law as well as specifically, in divorce proceedings in Spain with more than 25 years of experience.

welex reaches the whole Spain

In our extensive experience in Family Law in Spain, we have been able to see how the same doubts are re-entered by our clients. Below you will find some of them resolved in relation to the process of divorce in Spain and the result of years of work.

Issues such as how to deal with divorce in Spain, the regulation of relations with children, both in terms of maintenance and visits, the determination of extraordinary expenses, the liquidation of the property regime, or the distribution of the burdens arising from the relationship are issues that can be found in the following lines and that will surely clarify your position regarding this important decision.

Our specialist family law lawyers in Spain will discuss your problem with you and advise you in the best possible way to safeguard your rights and interests in the face of this new situation.

The possibilities established by the Spanish law to get divorced in Spain are highly varied, being able to explore both the divorce made before a notary and the one made before the first instance court; however, when there are children these possibilities are limited to one type of procedure.

Depending in your case, we will design the most affordable way to obtain a divorce.

Do not hesitate to contact our law firm specialising in family law in Spain.

First of all you must be determined to initiate it.

If this desire is shared with your partner, a divorce can be carried out in Spain through a procedure of mutual agreement. A series of documents and agreements must be attached to this procedure, which will vary depending on the case.

Contact us, expert lawyers in family law to receive more information about the steps to follow in order to initiate a divorce in Spain.

This decision is usually not shared. Therefore, we recommend that you do not defer this conversation to future occasions to be clear about both the effects and the measures that derive from a divorce in Spain.

To do this we advise you to consult previously in order to be clear about the procedure and the key points to be discussed with your partner.

Depending on the type of procedure and elements of the marriage (children, dependents, assets pending amortization, financial burdens on the family, etc.) we may find procedures that can take from one month from the filing of the divorce in Spain in the best of cases, to nine months depending on the circumstances of the process, obviously these deadlines are indicative.

To be able to process a divorce in Spain you need to have a connection with the Spanish jurisdiction, there are many situations in which the Spanish law recognises the competence of the courts to process the divorce in Spain.

Consult our office to determine if your divorce can be processed in Spanish territory.

The fees involved in a divorce proceeding in Spain will vary significantly if there are children, if there are guaranteed assets, if it is done by common agreement, that is with the same representation and technical defence or not, or if measures are adopted during the processing of the divorce in Spain. For this reason it is complicated to make an aprioristic evaluation of the fees and related expenses.

Contact our law firm specialising in family law now to receive individualised information about your case.

The most significant difference between separation and divorce in Spain is that in the first one the marriage bond is maintained while in the second one the spouses are free, producing a series of different effects in each case.

Contact us with your case and we will advise you which is the best measure to cover your circumstances.

The procedure of divorce by mutual agreement in Spain can be applied at any time, provided that there is an agreement between the spouses.

Likewise, the law in Spain allows that, at any time, a procedure initiated in a contentious way can be reconverted into a mutual agreement, providing advantages to this type of procedure.

Call us and our lawyers specialising in Family Law in Spain from Welex will inform you which procedure best suits your needs.

Divorce proceedings in Spain are contentious when there has been no previous agreement between the spouses, or later when discrepancies arise between the spouses in the procedure by mutual agreement. That is why effective advice from the beginning helps to ensure that the mutual agreement procedures do not deteriorate.

Contact our family law lawyers now!

Although clauses of a different nature can be included, the minimum content of the regulatory agreements of divorce in Spain revolves around the exercise of:

  • Custody of the children.
  • Alimony, extraordinary expenses, visitation by the non-custodial parent, use and enjoyment of the family home and contribution to the lifting of the burdens of the marriage.

Contact us to receive more information about the separation or divorce agreement in Spain!

It is the custody where the child remains under the supervision of the parents in an alternative way during a certain period of time. Joint custody in Spain has consequences in other areas such as the use and enjoyment of the family home or the establishment of alimony.

Call us and we will be happy to assess your case.

The alimony in Spain includes what is indispensable for the sustenance, housing, clothing and medical assistance, as well as what is necessary for the education and instruction of the beneficiary when he or she is a minor and even after reaching the age of majority when he or she has not completed his or her education for reasons not attributable to him or her.

Contact us to find out more about alimony in Spain.

Criminal law in Spain

Our law firm specialising in criminal law in Spain only defends the innocent!

In Spanish society, being involved in a criminal act as a victim or as a defendant is sometimes reduced to a matter of perspective or approach. Therefore, it is always advisable to be advised by a good criminal lawyer in Spain who speaks your language.

Our office of Criminal Lawyers in Spain has professionals in the material with a long history in the field of criminal law that can assist you from the outset to exercise your rights both as a victim and if you are unjustly accused in Spain.

Although our offices are located in Marbella, Malaga, we offer our services in Spanish criminal law throughout the country.

Along the following lines you will find key issues in the field of Spanish criminal law that will help you to understand this sector of the Spanish legal system.

If you have suffered a crime in Spain or are accused of committing one, please contact us.

By Welex, your criminal defence lawyer in Spain

The particularity of this type of crime is that the protected good is the physical integrity or indemnity of persons. Thus we find types such as homicide, murder, injuries, coercion, threats, abortion, inducing suicide, illegal arrests and kidnappings, as well as crimes of a sexual nature.

These types of crimes are dealt differently, both in the procedure and in their professional treatment.

By Welex, your criminal deference lawyer in Marbella

The criminal type of homicide in Spain is defined as the killing of another, without incurring specific conditions that would qualify it as murder. However, an aggravation of the penalty is established when the victim is under 16 years of age or a particularly vulnerable person, or when the homicide concurs with a crime of assault.

Please contact us if you have any questions about the procedural situation regarding this or other types of crime.

By Welex, your criminal defence lawyer in Marbella

The difference with the homicide in Spain is only in the non-concurrence of certain circumstances. In this way, it is murder when another person is killed when there is

  • Malice aforethought
  • Price, reward or promise
  • Ensnarement, deliberately and inhumanly increasing the pain of the victim
  • To facilitate the commission of a crime or prevent its discovery

The penalties for this type of crime in Spain range from 15 to 20 years’ imprisonment, up to permanent imprisonment that can be reviewed, depending on the case.

Do not hesitate to contact us if you find yourself in any of the situations described.

By Welex, your criminal defence law firm in Marbella

According to the way of execution of the action, we can find in Spain the intentional and the reckless homicide. In the same way, and attending to the qualification of the active subject of the crime, the same one can be produced on the occasion of the exercise of a sanitary profession. Likewise, we can find specific types of professional negligence, in the driving of motor vehicles or mopeds and in the use of firearms.

Call us and we will advise you on this criminal act in Spain.

By Welex, your criminal deference lawyers in Marbella

The attempt in a criminal act in Spain means the reduction of the corresponding penalty by one or two degrees, depending on the case.

Thus, a distinction appears between an unfinished attempt, when the perpetrator does not carry out all the acts that would lead to the execution; and a finished attempt, when the execution is begun by carrying out all the acts that would objectively produce the result and the result does not occur.

The assessment of the difference between completed and unfinished attempts is sometimes a matter of approach, where a good professional approach can make a difference in years.

Contact one of the best criminal defence law firm in Marbella now!

By Welex, your criminal defence lawyer in Málaga

The crimes in Spain are defined in our Penal Code and are differentiated according to the penalty that may correspond to them. There are three criminal categories:

  • Serious crimes. Sanctioned with serious penalties.
  • Less serious crimes. Sanctioned with less serious penalties
  • Minor crimes. Punishable by light penalties.

Different types of procedures are articulated in response to these.

Contact us now and you will receive more information about the different types of crimes in Spain.

By Welex, your criminal defence lawyers in Marbella

It is essential that you report the events that have occurred. If you are not able to file the corresponding report, it may mean that the report will not be dealt with, or may even be archived.

By filing this report, the investigation of the event will begin, but in order to claim the damages suffered, we recommend that you obtain a lawyer’s representation.

Contact us and we will assist and advise you on how to claim for damages.

By Welex, your criminal defence lawyers in Marbella

You must file a complaint. We recommend that you seek the assistance of a lawyer, as their intervention can make a big difference to the investigation of the incident and the claiming of your effects.

Contact us for advice on this crime.

By Welex, your criminal defence lawyers in Marbella

Generally, the insurance contracted in the car rental includes robbery coverage, but not theft. In all these cases, it is necessary to report the facts in order to proceed with the claim to these companies. Our law firm can advise you on how to file a report.

In the event that the insurance company does not assume the claim, or you have to pay an excess, you still have the possibility of claiming against the author of the fact, if he or she can be found.

Contact us and we will assist you with the complaint and criminal proceedings.

Recovering debts in Spain

welex recovering debts

If you have any debt in Spanish territory, using Welex services; law firm in Marbella, heart of the Costa del Sol, we can manage the collection and claim of debts in Spain that you maintain.

In economic scenarios such as the one we are living, being equipped with a law firm of trusted lawyers experts in debt claim in Spain, can mean the difference between being in a stifling situation of crisis or a looser financial situation.

Imagine if all your debts went to the active part of your balance sheet. To do this it is worth having the services of Welex, who will assist you and advise you on the best way to recover your debts.

Do not hesitate to contact us for the management of your debts in Spain.

By Welex, your leading litigation lawyer in Spain

There are many obligations that give the right to demand payment of a certain amount. For example, amounts derived from a contract, compensation for a traffic accident, payments for hidden defects in second-hand property, are examples of obligations that are compensated by the payment of an economic amount and yet have different limitation periods for their claim.

Please contact us to determine which period of time would be appropriate in your particular case, taking into account the specific circumstances of your case.

By Welex, your leading litigation lawyer in Spain

Although the procedure for recovering debts in Spain varies depending on the specific circumstances of the debt, in general, there should be an extra-judicial claim phase prior to the filing of a lawsuit.

Contact us to inform you how to recover your debts in Spain.

By Welex, your leading litigation lawyer in Spain

In most cases, what is usually understood as an uncollectible debt in Spain is not really so.

Generally, the debtor has hidden his assets in such a way that they do not appear at first sight, which is alleged by the debtor to prevent him from being pursued in his assets.

Once a final judgement has been obtained and proceedings have been initiated to enforce it, these will only end with the collection of the debt in Spain plus interest and costs, which means that the debtor’s present and future assets are linked and investigated until the creditor’s complete satisfaction.

No debt should be considered uncollectible until it has reached this stage.

Contact us to receive further advice about your specific credit.

Wills in Spain

As they say in Spain, death is a relevant part of life that we usually forget on purpose. However it is necessary to be aware that problems after life can be avoided with good personalized advice.

Making a good plan for your assets and rights in Spain is not only limited to the relationships you may have in life but also those that are not extinguished by death. In these cases it is a real obstacle course not to have had effective professional advice on time.

Our lawyers are experts in drafting your will in Spain

Our group of professional lawyers who are experts in Spanish inheritance law can provide you with multidisciplinary assistance to achieve an effective and efficient solution for the management of your assets and rights in Spain after your death.

You can find some questions on this page that will help you to understand the importance of good advice in time, because “A stitch in time saves nine”.

The technical complexity of obtaining a Will in Spain means that behind a false appearance of simplicity, there is a whole world of circumstances.

Our lawyers specializing in inheritance matters in Spain can provide you with advice from the drafting of your will in Spain to the organization of your last wishes, as well as professional advice regarding tax obligations such as inheritance and gift tax in Spain.

Although it is not compulsory to make a Will in Spain, it is very convenient to grant one, especially if you are a foreigner and have assets and rights in Spain, in order to avoid bureaucracy and paperwork in the future for your heirs and legatees.

The procedure for granting a Will is not difficult, and is cheap and quick to carry out.

Contact our professionals at Welex who will advise you on the granting of a Will in Spain and avoid any headaches for your heirs in the future.

A Will in Spain is a legal act by which a person decides on the disposition of his or her assets and rights at his or her death.Any person, over 14 years old and not incapacitated can grant a will establishing a last will after death.

In Spain, we have several types of Wills: holographic, open, closed, special (military, maritime, foreign).The open Will is the most common option and is usually granted before a Notary in Spain.

Do not hesitate to contact legal advisors, specialists in inheritance and succession law in case you wish to grant a Will in Spain.

Depending on the type of Will that we are going to grant in Spain, the basic content between some Wills and others will vary in certain requirements.Focusing on the open Will, which is the most common Will and is usually granted before a Notary in Spain, the basic content of this form of Will in Spain would be as follows:

  • The testator must appear before a notary with his or her identity card and, if he or she is a foreigner, with his or her passport, identity card, and NIE document.
  • The testator must provide the notary with certain personal details such as his or her place and date of birth, and the name of his/her parents.
  • Must indicate the name of the heirs and legatees.Our office recommends our clients to be exhaustive in identifying the heirs and legatees and to provide us with full names and their relationship of kinship (or not) with the testator.
  • You may recognise children whom you had no previous relationship with.
  • You can set out your wishes for your funeral and burial.
  • You can appoint executors for the distribution of your property and the administration of your assets.
  • With the adoption of REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of July 4, 2012, concerning jurisdiction, applicable law, recognition and enforcement of decisions, acceptance, and enforcement of authentic instruments in matters of succession to the estates of deceased persons and the creation of a European Certificate of Succession, the testator must determine the law applicable to his or her succession.This point is important for cases where the testator wishes to designate the law of succession of his or her nationality but is resident in another European country.If does not have the law applicable to his or her succession clearly designated, the law of the last residence place will be the applicable one.

Before you visit the notary to grant your Will, we recommend that you first consult a lawyer who specialises in inheritance matters, who will inform you about the legal and tax consequences of making a Will and how your assets will be treated after your death. At Welex we will solve all the doubts you may have regarding your will in Spain.

A Spanish Will allows you to clearly define what you want to do with your assets and how they will be distributed after your death. At Welex we will advise you on all the procedures involved in “How to make a Will in Spain”. To do so, the testator must be over 14 years old and have all his or her faculties.

 The testator who comes to the Welex offices does not have to worry about anything, because from the moment when they arrive at our office we will accompany him or her in how to grant the Will with all the guarantees.At Welex we will advise you on the rules governing inheritance in Spain, as well as explaining the tax consequences of your succession.

Don’t hesitate to come to Welex for advice on how to make a Will in Spain.

Depending on the legal form that we adopt to grant the Will in Spain, according to the type of Will that we are going to grant, either holographic, open or closed, it will depends on whether the Will meets the formal requirements for validity in Spain or not.

Likewise, Wills granted by minors under 14 years of age and those who do not have the necessary capacity to grant a Will in Spain will be null and void, with few exceptions.

A Will granted by a third party on behalf of the testator will also be null and void.The Will is a very personal act, which in no case can be granted by delegation or representation of a third party.Therefore, a Will granted by one spouse in the name of the other is not valid.

A Will in Spain granted by two or more persons is also invalid. The rule is “one testator, one Will”.

The Will in Spain granted with violence, fraud, deceit or error of the testator will be void as it affects his or her personal wishes.

A Will in Spain made in favour of an uncertain person who is not clearly identified may also affect its validity.

The nullity of a Will in Spain can be partial or total, depending on whether it affects the entire content of the Will or only specific provisions of it.The nullity of a will can be claimed by those who feel aggrieved.

Avoid problems regarding the validity of a Will in Spain by visiting our Welex offices where professionals who are experts in inheritance and testamentary law will give you appropriate advice.

During the testator’s lifetime, nobody can request a copy of a Will granted in Spain, except for the interested party. Not even a relative, nor the spouse.During his or her lifetime, the testator may make as many Wills as he or she wishes, the last one granted being the only one valid unless the testator expressly states otherwise.

 After the death of the testator, the forced, legitimate, and instituted heirs and legatees may request a copy of the Will in Spain.Also the accountants and executors and those persons who have the right to the succession, and wish to contest the Will.

After the death of the testator and with the original death certificate, we can request from the competent authority the Certificate of Last Will, which will be determined by the notary before whom the Will was granted and who will be able to issue an authorized copy of the Will.

At Welex we will advise you on how to obtain a copy of your relative’s will.Please contact us to request an authorized copy of the Will.

No, although it is highly recommended. If you are a foreigner in Spain, but have economic interests or assets in our country, such as a house, bank accounts, insurance policies, vehicles, even if you have a Will in your home country, we at Welex recommend that you also make a Will in Spain.

Even if the Will in your country establishes the disposition of all your assets in your country and anywhere in the world, it is highly recommended to also grant a Will in Spain, about the assets and rights you have in Spain and all this to avoid problems of interpretation/translation of your Will in your country.

 This Spanish Will would be complementary to the will you have in your country.It is a procedure that you can carry out in a simple and economic way and it Will avoid mishaps for your relatives in the future.

No, although it is highly recommended. There are two different routes that relatives must follow when a person dies, depending on whether the person has made a Will in Spain during their lifetime (testamentary succession) or has died without a Will (ab intestato).For sure, dying without a Will entails more legal and bureaucratic formalities for the heirs than if a Will existed.A Will, properly drafted, will reduce the formalities and timescales for the heirs.

Even if the testator grants a Will in Spain, it must be drafted in accordance with the statutory shares and the legitimate heirs. The statutory shares fix the limits of the distribution of the goods to the heirs, which in Spain would be the descendants, the ascendants and, the spouse, in that order.

Therefore, granting a Will in Spain is highly recommended both for the testator, who will express his or her Will on the distribution of their assets after his or her death and for the forced heirs, who even if there is a Will, are protected by the statutory shares established by law.

Although it is not obligatory to make a Will in Spain, it is highly recommended and even more so if you are a foreigner who owns property and assets in Spain. Having a Will in Spain, if you are a foreigner, will reduce the procedures and time involved in the adjudication of the assets of the estate in favour of your relatives. The absence of a Will in Spain, can complicate the adjudication of the inheritance in an important way and more so in the case of foreigners who are not familiar with Spanish inheritance procedures.

Come to our Welex offices where we will explain to you the advantages of making a Will in Spain, with very low costs and avoiding future problems for your relatives.The Wills prepared by Welex professionals are written in two columns, in Spanish and in the language of the testator, complying with Spanish regulations and those of your country.Our Wills are a guarantee for your heirs in the future.

Spanish law recognizes children as legitimate heirs.There is a part of the testator’s assets that cannot be freely disposed of, the so-called “statutory share”.In the case of children, the testator would be obliged to respect one-third of his or her assets, which would be the minimum quota that the children could inherit according to the law, even if the testator did not want to leave that part of his or her assets to the child.

Therefore, in principle, if there are no grounds for disinheritance, the testator would be obliged to respect in his or her Will one-third of his assets destined for the statutory share, being able to “disinherit” a child, from the rest of the assets.

However, the Spanish civil code also specifies the causes for which a child may be disinherited:

  • Having denied, without any legitimate reason, food to the parent, or the ascendant who inherits him or her.
  • Having committed ill-treatment by word or deed to the parent.

However, sometimes it is not easy to prove these circumstances in order to claim the disinheritance of a child. It would be necessary to go to court in case of conflict over the writing of the Will.

It is not compulsory to use the services of a lawyer to grant a Will in Spain, however it is highly recommended. The open Will is the most commonly used Will and is normally granted before a Notary in Spain. However, the notary in Spain, is limited to draft the Will, following a pre-established form, and sometimes, in the case of foreigners, does not speak the language of the testator. However, the professional services that a lawyer can provide you with are not limited to only advising you about the Will in Spain. A good professional specialized in inheritance law and taxation will advise you on the drafting of your Will and planning of the taxes to be paid by your heirs after your death. He or she will draw up the Will according to your wishes, giving you legal and tax advice, and he or she will draw up the Will so that you only have to go with it to authorize it before the Spanish Notary. At Welex we recommend you use the services of one of our professionals, experts in national and international taxation and legal advisors in inheritance and testamentary law.

Inheritance and gift tax in Spain

Inheritance and gift tax in Spain

The disposal of assets in Spain free of charge inter vivos (donations) or mortis causa (inheritances) implies the realization of an event for which it is necessary to declare to the Spanish Treasury. At Welex lawyers, and economists we study the personal situation of each of our clients in order to achieve, at levels of excellence, tax efficiency in the taxation of inheritance and gift tax in Spain.

Below you can find a group of issues relating to Inheritance and Gift Tax in Spain.

Contact our law firm in Spain now!

The acceptance of inheritance in Spain is a declaration by which the heirs (or those called upon to inherit) can usually express their desire to accept or repudiate the inheritance of a deceased person.

Acceptance of inheritance in Spain is a voluntary and free act of the heirs, who do not become owners of the deceased’s assets by simple acceptance.

One thing is the acceptance of the inheritance in Spain and another is the adjudication, distribution or partition of the inheritance, although sometimes both acts are simultaneous in time.

The acceptance of the inheritance in Spain can be outright or under the benefit of inventory.

The acceptance of the inheritance, outright, can be at the same time express and tacit.

Express acceptance can be made in a public or private document.

Tacit acceptance of inheritance in Spain is that it is done by acts that implies a willingness to accept.

With the outright acceptance of the inheritance, the heir assumes the burdens and obligations of the testator and responds with his own patrimony.

By accepting the inheritance under the benefit of inventory, the heir is responsible for the debts of the deceased for the part of the inheritance that has inherited.

Every heir can accept the inheritance in Spain under the benefit of inventory, even if the testator has forbidden it. They can also request the formation of an inventory before accepting or repudiating the inheritance. The declaration to choose to use the benefit of inventory must be made before a Notary Public.

Do not hesitate to contact the professionals at Welex where we will resolve your doubts regarding the acceptance of the inheritance in Spain.

The Spanish Civil Code does not expressly establish a period of time for accepting (or repudiating the inheritance in Spain), so the doctrine and jurisprudence has indicated 30 years as the period of time for the heir to express his or her will to accept the inheritance by applying the prescription of actions on real estate. We understand that the period of 30 years begins from the date of death; however, the jurisprudential doctrine has qualified this beginning understanding that this moment has to be understood as starting from the moment the inheritance is owned by someone.

However, there are time limits established both in the Civil Code and the tax legislation and that must be taken into account:

Thus, the Civil Code in Spain establishes that any interested party (creditors of the deceased, the heirs themselves, or creditors of the latter, for example) may request the heir to express their willingness to accept or repudiate the inheritance, going to a Notary Public so that he can inform the person that has a period of 30 calendar days to accept the inheritance in Spain, purely or simply, under the benefit of inventory, or to repudiate it directly. The Notary Public will also notify you that if you do not express your will within this period, the inheritance will be considered accepted outright. Therefore, the 30 year period is diluted as soon as someone claims a legitimate interest in accepting or repudiating an inheritance.

On the other hand, the tax legislation establishes a period of 6 months, from the date of death to settle the inheritance tax in Spain, although the extension to one year can be requested as long as the request is made within the first 5 months after the death.

Sometimes, foreign clients come to our Welex offices under pressure for the 6 month period, which in any case are tax and not civil terms. For them, there are Welex professionals to resolve these and other questions relating to the time limits for accepting their inheritance in Spain.

Spanish law allows an heir or person entitled to inherit to accept or repudiate the inheritance in Spain or to accept it with under the benefit of inventory. This is a voluntary and free act.

It is possible that the heir, the person with the right to inherit, may have doubts when accepting the inheritance in Spain, either because of the inheritance tax to be paid, or because of the debts of the deceased, who in case of accepting the inheritance outright, would also assume the obligations and therefore the debts that the deceased would have had during his or her life.

In view of this situation, it is possible that the heir to the inheritance in Spain prefers not to inherit and to renounce the inheritance in Spain. This renunciation must be made expressly and in a public deed before a Notary Public in Spain.

Please note that if you renounce the inheritance in Spain, you are renouncing the totality, i.e. you cannot renounce a part of the inheritance.

Likewise, if you accept the inheritance in Spain, you cannot renounce it afterward.

Although it is possible to renounce an inheritance in Spain, it is also possible to accept it under the benefit of inventory.

Do not hesitate to contact the professionals at Welex, experts in inheritance and testamentary law, where we will resolve and guide you in all the questions that may arise.

As we have said before, the acceptance of inheritance in Spain is a declaration by which the heirs (or those persons called upon to inherit) can express their desire to accept or repudiate the inheritance of a deceased person.

One thing is the acceptance of the inheritance and another is the adjudication, distribution or partition of the inheritance, although sometimes both acts are simultaneous in time.

The Civil Code establishes that the acceptance of the inheritance in Spain can be done in a public or private document.

Although the acceptance and adjudication of the inheritance in Spain can be carried out both in a public and private document, it is advisable, and especially if there is real estate within the inheritance, that it be carried out by means of a public deed before a Notary Public.

Although acceptance on the one hand and adjudication, distribution or partition of the property on the other, are different legal transactions, normally and in order to avoid prolonging the situation of recumbent inheritance, both legal transactions are carried out simultaneously by granting the so-called “deed of adjudication and acceptance of inheritance”.

In order for there to be an acceptance of the inheritance in Spain, the heirs and other persons called upon to inherit must have been previously determined, which will be determined depending on whether the deceased granted a will (testamentary succession) or not (an intestato succession).

Once the heirs and/or legatees have been determined, either by a will or by an ab intestato declaration of heirs, they can appear before the Notary Public to execute a deed of acceptance and adjudication of the inheritance in Spain.

In general terms, the documents required to prepare a deed of acceptance/award of inheritance in Spain are as follows:

– A copy of the identity documents of all the heirs, or a copy of their passports and NIE in case they are foreigners.

– A family Book, to prove the marital status and number of children of the deceased.

– Death Certificate, to accredit the death of the person who caused the inheritance.

– Certificate of last will and testament, which will determine if the deceased made a will during his or her lifetime, and if so, the notary who authorised it.

– An Authorised copy of the will, if it exists. In the case of a foreign will, it must meet the requirements of Spanish law, must be apostilled, and must include a sworn translation of the will.

– In the event that there is no will, the succession will be opened ab intestato, where the certificate of declaration of heirs ab intestato will be necessary.

– In the event that the deceased was a foreigner with assets in Spain but who had not made a will either in Spain or abroad, the relatives must provide a certificate of law issued by the competent authorities in matters of succession in the country of the deceased, which determines the heirs of the deceased and the distribution of his assets, also those located in Spain. This document may be replaced by the European Certificate of Inheritance.

– A copy of the deeds or contracts containing a description of the property belonging to the deceased.

– Real estate tax (IBI) receipts in the case of urban property and industrial estates and plots in the case of rural property.

– In the case of current accounts, deposits, funds with banking institutions and credits, certificates issued by the corresponding institutions will be necessary indicating the creditor or debtor positions of the deceased at the date of death and the average.

– Life insurance certificate in the name of the deceased.

– In the event that there are vehicles in the name of the deceased, the vehicle documentation.

– Finally, if there are any invoices for the deceased’s burial.

In general terms, these are the necessary documents that you, as the heir, must provide in order to execute the Deed of Acceptance and Award of Inheritance in Spain.

From the Welex offices, we will resolve any questions you may have regarding this matter.

Whenever any of the assets that form part of the inheritance in Spain is a real estate property, the Deed of Acceptance and Award of Inheritance in Spain must be presented at the corresponding Property Registry, so that the Registrar can note in the books at his charge who the new owner(s) of the property is.

Before presenting the deed in the Property Registry, the corresponding Inheritance Tax must be paid and the new owners must be informed to the corresponding Town Hall for the purposes of the municipal capital gains tax.

When a relative dies, in this case, a parent, such as our father or mother, the heirs cannot have access to the bank accounts, deposits or funds that the relative had with a bank or credit institution in Spain.

A series of procedures must be carried out beforehand. The bank can only give information about your relative’s account to those who can prove that they are heirs, either by providing the will or the declaration of heirs ab intestato.

Only then the bank is able to provide you with a certificate of the positions that your relative had at the date of death, but you cannot make use of these positions, as the bank will block all contracts that you may have had with the deceased, from the moment that it has knowledge of the death. The bank issues this certificate so that the heirs can contribute it to the Deed of Acceptance and Award of Inheritance and settle the inheritance tax.

Once the deed has been granted and the inheritance tax has been settled in Spain, the bank will make available to the heirs the amounts, deposits, funds and any products that the deceased had with the bank and for which inheritance tax had been paid.

In principle, the deed of acceptance and adjudication of inheritance in Spain should include all the known assets of the deceased at the date of death, but not only the physical assets, but also the rights and obligations. The goods and rights form the assets of the inheritance, while the debts and obligations will be the liabilities.

Thus, the asset, or the goods that of the inheritance in Spain can be:

  1. Real estate, whether or not it is registered in the Land Registry. Here it will be necessary to bring to the inheritance mass any property owned by the deceased: rural or urban properties, houses, parking spaces, storage rooms…
  2. Cash, funds, deposits in banks, and credit institutions.
  3. Shares, holdings and securities held by the deceased at the time of the death.
  4. Life insurance, although it must be taken into account that the insured capital does not form part of the estate. It will depend on the beneficiaries of this insurance, to determine if the capital is finally part of the inheritance.
  5. Motor vehicles, whether or not they are registered with the Directorate General of Traffic.
  6. Other assets which, because of their value or importance, must be given special mention, such as jewellery or works of art.
  7. Household goods, which normally consist of the furniture and fittings of the deceased’s habitual residence.

In principle, certain rights that the deceased had during his lifetime, such as rights of use, habitation, life usufruct, rent, etc., would not be subject to the assets that would form the estate. Although it will be necessary to check the particular circumstances that generated such rights.

In addition to the assets (property and inheritance rights), account must be taken from the debts (liabilities) that the deceased had at the time of death, since it can happen that a person’s liabilities exceed the assets and the heirs, if they accept the inheritance outright, would be obliged to assume the debts with the assets not only of the inheritance but with their own.

If you are a foreigner and at the same time an heir to assets located in Spain, in principle it is not obligatory to grant the deed of acceptance and adjudication of the inheritance in Spain. Everything depends on whether you wish to accept or reject the inheritance and certain personal circumstances of the deceased must be taken into account, such as his or her last residence and whether granted a foreign will or a Spanish will.

In any case, if you are a foreign heir to the assets of inheritance in Spain, we recommend that you contact professionals who are experts in Inheritance and Testamentary Law. At Welex you will find expert legal advisors who will resolve and guide you in these matters.

At Welex we will study your case and give you an answer as to whether you should grant the inheritance deed in Spain.

To answer this question, dear reader, we invite you to click on this link: can I disinherit my son in a will in Spain?

In common Spanish inheritance law, unlike other European inheritance rights, the freedom to make a will is conditioned and limited to what is called “the statutory shares”.

The statutory share is a part of the assets of the inheritance that is reserved, by law, to the forced heirs. Therefore, we can say that, by respecting the legitimate part, we can “disinherit” a child from the rest of the assets of the inheritance.

 

When our spouse dies, first of all, we must take into account the economic regime of the marriage.

If the economic matrimonial regime is that of a common “society of community of property” in Spain, it will be necessary to proceed with the liquidation of this “society”, thus resulting, on the one hand, in half of the assets of the society of community of property that will form part of the hereditary mass and the other half that belong to the surviving spouse, after the dissolution of the society of community of property and that does not form part of the inheritance, but is exclusive to the other spouse.

Once the community of property has been liquidated, the spouse will generally be entitled to:

  1. To have the entire family home assigned to him or her or to have a right to use and dwell in it. The spouse must compensate the heirs if the value of the dwelling or the right of habitation exceeds what corresponds to him or her in the inheritance.
  2. The spouse shall also be entitled to what is known as the “legal usufruct fee”, which shall vary depending on whether the spouse shares the inheritance with other forced heirs (children or descendants) or with ascendants.Thus if he or she concurs:
  • with children or descendants, the spouse is entitled to the usufruct of the third intended for improvement.
  • If he or she is concurs with the parents of the deceased, he or she is entitled to the usufruct of half.

If there are no descendants or collaterals in the ab-intestate succession, she or he will be entitled to all the assets of the spouse.

Please note that the spouse’s inheritance rights come into play as long as he or she is not judicially separated or divorced.

It is not obligatory to hire the services of a lawyer to grant the inheritance in Spain, however it is highly recommended and we would add that it is better to go to a lawyer specialising in inheritance and testamentary law.

At Welex you will be assisted by the appropriate professionals who will guide you through all the steps involved in accepting and adjudicating your inheritance in Spain.

If the liabilities of the inheritance in Spain are greater than the assets (please click on our link What are the assets that should appear in the deed of inheritance in Spain? regarding the economic consideration, it would not be in your interest to accept and adjudicate the inheritance in Spain.

Yes, you can refuse to accept an inheritance in Spain. Please note that at Welex we will calculate the market value of all assets and rights and subtract the market value of debts and obligations. If the result is positive, it would be advisable to accept and award the assets of the inheritance in Spain. If the result is negative, it will be your decision not to accept the inheritance in Spain, also taking into account the emotional value that the assets may have.

In any case, we at Welex recommend that if you do not wish to accept the inheritance, you expressly renounce it by contacting a good lawyer who specialises in inheritances in Spain.

If you want to know if you are entitled to inheritance in Spain, you must first obtain the Certificate of Last Will in Spain.

Our lawyers who specialise in inheritances in Spain are at your disposal to request the aforementioned Certificate of Last Will in Spain, which is a document issued by the Central Registry of Last Will, located in Madrid, and which will confirm whether the deceased granted a will in Spain. If so, the same certificate will indicate the authorising Notary Public.

In this way, you will be able to know if you are heir to an inheritance in Spain.

Do not hesitate to contact our lawyers specialising in estate investigations in Spain. Depending on the type of asset in question, you can contact different bodies and registers in Spain. Real estate is normally registered in the Land Registry.

Send us all the available documentation of your family member (passport, NIE certificates in Spain, last available address, etc…) and our lawyers specialising in inheritance in Spain will be pleased to assist you in the task of patrimonial investigation.

Others

Digital Certificate Spain

The digital certificate confirms our identity on the Internet both as a natural person and as a legal entity. Your data will be protected every time your digital signature is used and when you make an online transaction.

Do not hesitate to contact our firm of lawyers and economists in Marbella to obtain your digital signature in Spain.

The digital certificate in Spain is valid for three years. After the mentioned three years it will be necessary to renew it.

Obtaining your digital certificate means increasing the speed and simplifying the bureaucratic procedures in Spain. Don’t hesitate to contact WeLex, your lawyer, and economist in Marbella, who can obtain your digital signature at a reasonable cost!

At Welex we will manage the obtaining of the digital certificate, and we will accompany you to any public organisation qualified to do so. You will need to provide your original passport or identity card and a copy of the NIE (foreigner’s identity number) certificate. Some organisations require the original NIE certificate.

If you have not yet obtained your NIE certificate, at Welex we can arrange the procedure to obtain a NIE certificate for you.

https://www.welex.es/es?s=nie

If you have bought a property in Spain you have to make sure that the electricity and water supplies are in your name and it is advisable to program the payments by direct debit.

At Welex we can manage the change of ownership and direct debit.

It is necessary to obtain a water and electricity bill from the previous owner.

If you have bought a new property, you will need a copy of the first occupation licence.

Please note that for homes over 20 years old you will be required to obtain a certificate from a licensed electrician or plumber.

At Welex we can also take care of the change of ownership and address of other supplies such as Ibi, rubbish, community, telephone, gas, etc.

Once the vehicle is in Spain you will have 30 days to register it. You also have the possibility to get a temporary registration from the Directorate-General for Traffic DGT (Dirección General de Trafico) until the end of the registration procedure.

Documentation required for importing a vehicle into Spain

  • Original invoice of the vehicle purchase or sales contract
  • Copy of the seller’s National Identity Card or passport and NIE if is a foreigner and contact details
  • Copy of DNI or passport and NIE if the buyer is a foreigner and contact details
  • European COC conformity certificate
  • Payment of transfer tax or VAT
  • Tax on certain means of transport (registration tax in Spain)

The vehicle will have to pass the technical inspection here in Spain before being registered.

In order to pass the technical inspection of vehicles (I.T.V, inspección Técnica de Vehículos) here in Spain, the following documentation will be required:

  • Original invoice or sales contract (original and copy)
  • Proof of payment (original and copy)
  • Driver’s license
  • Vehicle datasheet

If the ITV is favourable, you can proceed to the DGT with the registration.

You will then have to schedule an appointment at the DGT and submit the following documentation:

  • Registration fee based on the vehicle’s CO2 emissions. This fee ranging from 4.75% (121-159 g/km) to 14.75% (200 g/km or more).
  • Paying the annual circulation tax ( IVTM).

At Welex we can advise you and manage all the procedures to import your vehicle.

Do not hesitate to contact Welex your lawyer’s office in Marbella.

What to do if your digital certificate expires during the Covid-19 quarantine?

Due to the health crisis of Covid-19, public agencies reported the closure of their offices to the public.

According to the Royal Decree 463/2020 of March 14th, the Tax Agency allows the use of certificates that are expired or about to expire during the Covid-19 quarantine.

Individual and Representative of the Single or Joint Administrator certificates may be renewed on line without taking into consideration the limitation of the aforementioned periods.

For the request for new certificates, alternatives that are technically and legally viable are being studied.

At Welex law firm in Marbella we will continue to inform you about any new developments that are adopted.

Has your residence card expired?

According to the regulations for foreigners, you have up to 90 calendar days after the expiration of your residence card to renew it. If this is not done within the stipulated time, you will be in an irregular situation in Spain.

Due to the state of alarm caused by Covid-19, all the administrations that carry out procedures for foreigners have closed their offices for in-person services. All previously agreed appointments have been cancelled.

If your residence card is expired you have the option of submitting the renewal through electronic means. The Foreign Office will consider the renewal request submitted and even if you are missing documents, they will ask you to correct them without the time limit starting to run until the end of the state of alarm.

Below are the procedures that have been temporarily suspended:

  • Return authorisations
  • Letters of invitation
  • Visa extensions or stays without a visa
  • NIE, resident and non-resident certificate
  • Registration form
  • Documentation concerning international protection and statelessness
  • Certificate of registration of EU citizen

Please do not hesitate to contact our Marbella law firm for any tax or legal queries.

Do you need legal advice about a property in Spain?

Welex has a team of professionals, composed, among others, of lawyers and economists, experts in the purchase and sale of real estate, both in the legal and fiscal sides of the transaction. Clarify your doubts, do not wait to ask for advice. Contact our offices without any commitment, we will be willing to help you.

Contact

Obtain more information as our firm in Spain has specific websites with different themes.

CONVEYANCING IN SPAIN
LITIGATION IN SPAIN
ACCOUNTANCY AND TAX