Emilio Pino Lawyers - Malaga Lawyers, Marbella Solicitors, lawyer in Spain

Trademarks are now cheaper and easier to get in Spain

June 30th, 2009

The Spanish Ministry of Industry, Tourism and Commerce is preparing a reduction of around 13% from the rates to be paid for the request of trademark’s registration, a measure that will bring a saving of 2.7 million annual Euros to the users of these services.   The minister also indicated that in the last year there has been a reduction in a third of the average period of concession of a trademark in Spain, from eight months to five months and a half.  The Government has approved a set of measures to facilitate the access for the companies to the protection of trademarks, such as the electronic request and renovation of the trademarks or the streamlining of the payment system. 

Spanish Tax Advisers ask for oxygen regarding Company’s Tax

June 11th, 2009

The Spanish Association of Tax Advisers (ACEFIGET) adduces the technical complexity and costs that small and medium-sized enterprises (PYMES) are undergoing to fulfil this fiscal obligation, given the modifications the new norm is bringing. 

The tax advisers state that the “important” changes that have taken place with the approval, on 1st of January 2008, of the new General Plan of Accounting and the obligations that this one imposes in relation to the filing of annual accounts, implies a “onerous adaptation”, to these changes, mainly for PYMES.

 

They denounce that these new exigencies are originating “important costs” that, given the present economic crisis, most of PYMES cannot to afford.

 

These new obligations, the fiscal advisers add, are united to the “excessive bureaucratic load” PYMES are confronting in the last years. 

 

The Association also indicates in his letter, signed by secretary of ASEFIGET, Ricardo Perpiñán, that the official form of the Company’s Tax published by the Spanish Tax Authorities, although adapted mostly to the changes, is “difficult or impossible to comply” without a previous study of all and each one of the pages that compose it and, particularly, of its annexes. 

 

The fiscal advisers assure that this “forced study” is not feasible in the “short term” existing from 30th of May 2009, date of the publication of the official form, until 27th of July 2009, date in which the voluntary period for its submission finalizes. 

 

The association, that has already expressed this restlessness to the main chief of the Tributary Agency, Maria Dolores Bustamante, asks Economy Minister Mrs. Salgado for an extension of the voluntary term for the submission of the Company’s Tax of the year 2008 as well as for the submission of the different annexes, up to the 31st of October 2009

Famous Spanish star Judge Baltasar Garzón prosecuted

May 29th, 2009

Judge Baltasar Garzón will have to confront a penal process of prevarication in the Spanish Supreme Court. The Tribunal’s Second Court-room has decided to admit prosecuting a criminal proceeding based on a complaint in which the famous “star judge” is accused of an obvious crime of prevarication “premeditated, conscious and believed to pass unpunished” because of his performance in the process he initiated about the disappearance of people during the Spanish civil war and the General Franco’s political regime.  The surprising decision of the Penal Room of the Supreme Court has been taken by its president, Juan Saavedra, and the magistrates Adolph Prego, Joaquin Giménez, Francisco Monterde and Juan Ramon Berdugo. The resolution is unanimous. Object of multiple complaints, Garzón had gotten rid until now of all of them and in this one, filed the past 26 of January by the so called Clean Hands union, there was initially a favourable report from the Office of the public prosecutor of the Supreme Court that, as it has been habitual, exonerated the Judge.

The number of Spanish enterprises entering into Judicial Bodies of Creditors in Bankruptcy (Concursos de Acreedores) descended in April

May 25th, 2009

a second consecutive month, registering a fall of 38.4% with respect to March, when the insolvency declarations also fell in 43,1 percent compared to the previous month. 

 

The April data, however, shows a 59.4 percent more compared to the same month of 2008.  The total of insolvencies declared in April was 287, the lowest number of all the year and it would be necessary to go back to June of 2008 to find a smaller number, of 195 Bodies of Creditors.  The real estate sector was the only one that registered less Judicial Bodies of Creditors than the ones in April of 2008, with 11 declarations of bankruptcy, that represented a reduction of 15.4 percent.  On the other hand, the construction, with 64 insolvencies, continued being affected, with a 52.4 percent more than in the same month of 2008.  In a more depressed position was the wholesale trade and intermediaries of the commerce, with 40 Judicial Bodies of Creditors, a 66.7 percent more than in 2008, and the activities of specialized construction, with 29, an increase of 163.6 percent.  Catalonia returned to head the April ranking, with 82 Bodies of Creditors and an increase of 67.3% with respect to April of 2008.  Community of Madrid was second with 43 companies taking refuge in this procedure, a 95.5% more than in 2008.  The Valencian Community with 35 Judicial Bodies of Creditors (+75%), Andalusia with 23 (+27.8%) and the Basque Country with 19 (+46.2%), completes the list, in that order.

There is no bad debtor if not verified, says the Spanish Supreme Court

May 12th, 2009

The verdict concludes that to include a person “in a registry of bad debtors without veracity is an illegitimate intromission in the right to honour inasmuch as the imputation of being a defaulting debtor injures the dignity of the person, reduces his fame and impairs the person’s own estimation”. The courts will be able, from now on, to force the banks and companies to compensate the client harmed in case that third people can access to the “false dilatoriness” and this causes “economic consequences to him”, such as the refusal of credits or mortgages.

The verdict comes to confirm a resolution dictated on 3rd of April by the plenary session of the First Room of the Spanish Supreme Court and establishes Jurisprudence on the matter.

The verdict dismisses the appeal filed by the bank BBVA against the verdict dictated on December 13th 2001 by the Court of First Instance number three in Tenerife, which gave the reason to one client, whose data were communicated to the registries of bad debtors Badex and Asnef-Equifax, after she refused to pay Euros 1,051 charged illegally in her account. The sentence of the Tenerife’s court condemned BBVA to pay to the plaintiff an indemnity of Euros 18,030 of moral damages plus the legal costs derived from the procedure and to urge the withdrawal of the data facilitated to the registries of bad debtors. The bank supposedly debited the account of client for a payment of 1,051 Euros made with her Visa-Classic card. The client asked the bank for the cancellation of the debit in diverse occasions via telephone, bank’s branch and at the service of the defender of the client and later furnished a denunciation before the Bank of Spain and the National Police. The court dismissed the allegations made by BBVA, who claimed that the client was only twelve days on the bad debtor’s list, during which nobody consulted her data. The judge considered that the access to the data that the bank and both registries of patrimonial solvency had were sufficient to prove the damage to the right to honour.

The fall of the prices of home properties increased during the month of March

May 5th, 2009

With a fall of 9.7% compared with the same month in 2008, thus showing seven decimal values more than the precedent month, when they fell 9%, according to the official Spanish Estate Markets Index made by TINSA.

The price of home properties at the Mediterranean Coast dropped 11.5%, while the major towns showed a drop of 10.2% by the end of the first trimester. Below that 9.7% figure, the prices of home properties on metropolitan areas fell a 9.6%. On the other hand, on the rest of towns the prices of home properties fell a 8.9% while the drop was 8.3% in Balearic and Canary Islands.

Focusing on the accumulated descents from each sub index peaks, it is worth mentioning the one of the Mediterranean Coast, with a correction of 16%, as well as the one of metropolitan towns, with a fall of 12.6%, and the one of the big Towns, reaching a 12.3%.

 

Two times more Mortgage repossessions on 2008

May 4th, 2009

Real estate property seizures dictated by Spanish first instance Courts reached the number of 58,686 while the registered number in 2007 was 25,943, according to the General Counsel of Judicial Authority (CGPJ).

Spanish Tax Authorities to repay discriminatory tax to UK citizens

April 10th, 2009

A court decision in Spain has opened the way for thousands of UK citizens to reclaim some of the tax they paid when they sold their homes here. The High Court in the province of Valencia has ruled in favour of a British couple, Mr and Mrs Roy.

The Verdict forces the Spanish tax authorities to repay them for being charged a capital gains tax levied at 35% instead of 15%.

The court considers the law that was in force for many years was “discriminatory”. This verdict could be the first step in favor of People who sold homes in Spain, but who were officially non-resident, were taxed at 35% of their profits, rather than at the 15% rate applied to Spanish nationals.

 

European Commission plans about on-line invoicing system

February 10th, 2009

The European Commission proposed a modification of the communitarian regulation about the VAT (Value Added Tax) with the aim of facilitating the on-line invoicing, by means of reducing as a result the administrative constraints for the companies, specially small and medium-sized enterprises.

The EC thinks that in this way it will help the member States to fight against the tax fraud.  Brussels calculates that this initiative will allow saving 18,000 million Euros within the UE.

The proposal suppresses the effective dispositions of the communitarian regulation on VAT that prevent the electronic invoicing and establishes the principle about the electronic invoices having the same validity than paper ones. It will allow the companies to adopt systems of 100% electronic invoicing.

The commissioner responsible for Fiscality, László Kovács, emphasized that at the present time the national rules regarding invoicing in the territory of the VAT “are excessively complicated and diverse, creating useless administrative loads for the companies that exert international activities and facilitate the merry-go-round type of frauds”.  With the proposed changes, the invoicing rules “will be much more simple, modern and complete, and at the same time they will give effective ways of fiscal control to the Administrations”.

The Communitarian Executive displayed a report about the European strategy of reduction of the administrative burdens whose conclusion is that the citizens and the companies are already getting benefit from this initiative.  The suppression of about 1,300 legislative acts representing around 10% of the heap or 7,800 pages of the Official Newspaper has been proposed. The displayed or anticipated measures of reduction suppose a saving of administrative loads worth more than 30,000 million Euros.

(Source: Vlex, Noticias Legales)

Marbella will put its economic strength on the table in Andalusia, to be declared a Municipality of big Population

January 16th, 2009

Marbella will put its economic strength on the table in Andalusia to be declared a Municipality of big Population, a consideration reserved to the capitals of province and municipalities of more than 75,000 inhabitants having special economic or historical characteristics. The City council has completed an explanatory report including detailed information about the town’s economic, social, historical and cultural particulars aiming to articulate the inclusion of Marbella in the new legal and organizational regime of the municipalities of great population, according to the Andalusia’s Parliament Law 2/2008, of 10 of December of the past year.  The request will be submitted to the Junta de Andalucía, who in turn has a maximum term of two months to make its answer public through the Parliament.

“It is against common sense and reason that Marbella is not considered a Municipality of Great Population”, explained Mr. Felix Romero, the municipal spokesman, accompanied by the director of the municipal Formation, Organization and Quality Department (UGESCAL), Javier Garcia: “The data reflects an unquestionable reality on the relevance and relative importance of Marbella within the set of the Andalusian municipalities”.  “It is not comprehensible that Marbella has still not been considered as a great city by the Junta in spite of concentrating the ten percent of the Gross Production ratio (PIB) of the region, counting with a real population far beyond the registered one, and being an international touristic power”, stressed Romero.

Eighth in population

One of the values on which the City council at the time of taking the step leans is its level of population. According to the National Institute of Statistic (INE), to date of 2008, the last data available, Marbella registers already 130,549 inhabitants, being the eighth Andalusian city in terms of population, before Cadiz and behind Huelva.

Nevertheless, as the director of the UGESCAL declared, the real population of the municipal term “is very superior” than the one reflected by the official numbers. In his opinion, there is an evident dysfunction between the official population (the registered one) and the real one, that Romero fixed in 343.000 inhabitants according to a study of different parameters such as the rubbish removal generated.

(Diario Sur newspaper)

Telefónica SA re-elected as the mandatory lender of Universal Telephonic Services for all residential homes in Spain

January 7th, 2009

Telefonica S.A. has been once more elected for a period ending on 31st of December 2010 as the mandatory lender of the Universal telephonic Service, defined as the set of services, with a determined quality for a reasonable price, whose benefit is guaranteed as a right for all the end users of residential homes no matter their geographic location. These services include a connection to the public wire net from a fixed location, and access to the benefit of the telephone service available to the public.  Telefónica’s obligatory services above referred to, must therefore grant anyone the following:

a) The ability to receive and to carry out telephone calls of national and international scope to geographic and non geographic numbers.

b) To establish fax communications, at least of fax group III in accordance with the pertinent recommendations of series T of the UIT-T.

c) To establish data communications at speed sufficient to access in a functional form to the Internet

According to the Law, Telefónica will have to satisfy each reasonable request for a initial connection to the fixed public wire net, in a maximum term of 60 days, from the request’s reception. In the case of not being able to make the mentioned provision in this term, except for force majeure or other causes imputable to the applicant, the Company will have to compensate the applicant automatically, and it will exempt of the payment of a number of monthly payments of installment equivalent to the number of months or fraction in which this term has been surpassed.

( from Ministry Order ITC/3808/2008, de 23 de December)

New Coefficients to update the acquisition value of Spanish Real Estate assets

December 26th, 2008

New Coefficients to update the acquisition value of Spanish Real Estate assets. For the transfers of real estate (not linked to economic activities) that take place during year 2009, the coefficients of update of the value of acquisition of such assets will be the following ones:

Year of acquisition Coefficient
1994 & before 1,2653
1995 1,3368
1996 1,2911
1997 1,2653
1998 1,2408
1999 1,2185
2000 1,1950
2001 1,1716
2002 1,1486
2003 1,1261
2004 1,1040
2005 1,0824
2006 1,0612
2007 1,0404
2008 1,0200
2009 1,0000

Emilio Pino - Abogados new Labour & Employment Services

December 18th, 2008

Emilio Pino - Abogados has created a new department, with experienced professionals, for Labour and Employment area of Services

Such Department offers services for:

  • Employment Contracts.
  • Employer Obligations.
  • Payrolls (nóminas).
  • Social Security.
  • Contribution forms.
  • Registration of companies and employers at the Social Security System.
  • New hires and terminations.
  • Incentives for hiring.

MONEY DEPOSITS GUARANTEED UP TO EUR 100,00

December 16th, 2008

The money guaranteed deposits are the following: credit balances on accounts, including those arising from transitory situations, nominative deposit certificates constituted in Spain or in another member state of the European Union, whatever the currency in which they are denominated, with the exclusion of those deposited by financial institutions, public administrations and certain other persons linked to credit institutions in any of the ways envisaged in the regulations.

It shall include monies entrusted to the institution in order to provide investment services, pursuant the Stock-market Law 24/1988, or monies which derive from the providing of such services or activities. The monetary amount guaranteed is limited up to a maximum of  100,000 euros per depositor.

The guarantee shall be applied per depositor, whether the depositor is a natural or legal person, and regardless of the number and type of guaranteed deposits of which the depositor is holder at the same institution.  This limit shall also apply to depositors who hold deposits whose value is above the guaranteed maximum.

When an account has more than one holder, the sum shall be divided between the holders according to the terms of the contract of deposit, or in equal parts otherwise. Each holder is guaranteed up to the maximum limit.

When the holders of a deposit act as representatives or agents of third parties, that provided they act as such at the time of placing the deposit and this fact has been formally declared to the institution prior to the circumstances giving rise to the execution of the guarantee arising, the cover given by the Spanish Money Deposits Guaranty Fund (FGD) shall be payable to each of the third party beneficiaries of the deposit on the basis of their corresponding share of the deposit.

Deposits existing at the time of a member institution’s having its authorization revoked will remain covered until the institution ceases to exist, and the balance covered will be that existing on the date of revocation. Holders of credit balances not covered by the guarantee will continue to have the status of ordinary creditors of the institution.

Some real estate British agencies announce discounts of until 50% in the purchase of apartments and houses in the Spanish coast

December 16th, 2008

Some real estate British agencies announce discounts of until 50% in the purchase of apartments and houses in the Spanish coast. In particular, assets located in Almeria, Murcia and Alicante. According to the company Northwest Invest, the apartments come from embargoes that have been executed by the banks.  Said real estate agent announces in its Web that has reached an agreement with a firm of lawyers to commercialize in exclusive right the apartments obstructed by a “great Spanish bank” in these zones. The discounts vary based on each property, but some apartments can be acquired with a reduction of until 50% on the price of appraisal. In fact, the company even offers greater reductions (of until 70%) if the properties are acquired by lots.

Spanish Wealth Tax Abolished

December 15th, 2008

Spanish ‘Wealth Tax’ has been abolished with effect from 1 January 2008.

Since this tax was imposed based on assets held on 31 December of a given year, the tax for 2007 will hence be payable as usual in 2008. Anyhow no wealth tax will be payable for 2008 itself during 2009.The tax treatment for residents and non-residents is different. Residents pay this tax on their worldwide assets, less various exemptions. Non-residents pay the tax only on assets held in Spain, but there are no exemptions.Without doubt the move, made known after the re-election of the Spanish PSOE administration, is intended to alleviate the damage to the Spanish construction business and housing market in the current economic decline.

Even though Wealth Tax has been abolished, the other Property Owners’, also a yearly tax, shall remain valid: the attributed Income Tax. Non residents and Residents alike pay two percent of the “valor catastral”, a officially rated value, of their second-home property attributed to them as a sort of made-up income. In case the property rated value has been recently raised property owners pay 1.1 percent.

Energy Services Companies in Spain

October 15th, 2008

The Ministry of Industry, Tourism and Commerce of Spain emphasized that it will impel the Energy Services Companies within the Social Dialogue, to reduce the consumption of energy in the country, with the consequent economic and environmental benefit.  According to the Spanish Government’s opinion, the Energy Services Companies will indeed be a source of employment in the sector of business most damaged by the present situation, the one of the construction, for which its legal security will be guaranteed, facilitating its financing and promoting its hiring on the part of the General Administration of the State.   The Energy Services Companies will offer applicable plans of energy saving in the facilities of their clients. Later, they are to receive part of the profits that the mentioned saving has generated. Basically, an Energy Services Company is dedicated to design, finance and carry out measures of energy saving for its clients, homes, public companies and institutions.  Among the possible saving measures in the energy consumption there are the substitution of the gasohol boilers for heating, the incorporation of systems of switching of lights by control of presence in offices or rooms, substitution of the traditional incandescent light bulbs by light bulbs of low consumption, improvement of the isolation in houses and buildings to confront the heat and the cold.

http://www.foro-industrial.com/2008/10/empresas-de-servicios-energeticos-en-espana/

SPANISH GOVT THROWS DEVELOPERS A €3BN LIFELINE

September 23rd, 2008

Companies offered assistance if they rent out their unsold stock

The Spanish Prime Minister, Mr. Rodriguez Zapatero announced several measures to alleviate the real estate market situation in . On his speech at the parliament Mr. Rodriguez stated: In the first place, stock exchange-listed companies of investment in the real estate market will be authorised. These companies will enjoy a favourable tax regime, will impel the rental market, will facilitate the access to the investment in buildings to the small and medium investor, will provide flexibility to the real estate investments of companies, will contribute liquidity to the real estate investments and, therefore, they will contribute to make the real estate market more dynamical.  Secondly, we will start up a new line of mediation by the Institute of Official Credit , whose objective will also be impelling the supply of real estate rental and to facilitate the adjustment in the sector. In particular, the transformation of  loans for the construction of houses in longer term loans will be facilitated to real estate promoters and, in counterpart, those will be committed to incorporate the houses to the rental market during a determined period of time. This performance will be financed initially with three billion euros, which will be able to be extended based on the answer of the market.