I am American. If I arrive Aug 1 2010 on a tourist visa and after 90 days apply for a permanencia Nov 1 and it is granted for another 90 days to Feb 1, can I then apply for a second permanencia since it is a different calender year? 2011?

No you cannot, as you are entitled to have and enjoy one permanencia in a calendar year. If you ask for a second permanencia in February 2.011 this would mean having two permanencias in the same year.

  • Share/Bookmark

Main tax-law novelties in Spain for 2010

Concerning to the Income tax of Individuals, the percentages of general tax scale stay the same but the rate applicable to savings in personal income tax has increased. The applicable rate will be 19% for the first 6,000 Euros of yield, and 21% on the excess. These tax rates, in harmony – this time – with the EU rules, are applicable to non-residents income tax payers in the case of dividends, interests and economic gains obtained in Spain, which shall be taxed at the flat rate of 19%.

The retention rate in personal income tax rises up to 19% in order to equal the new tax rate in what refers to:

a) The capital formation yields.

b) The capital gains arising from transmissions or refunds of shares and participations on collective investment enterprises.

c) The income from lease or sublease of urban real estate.

This new type of retention will also apply to retentions and advanced tax payments relating to corporation tax.

Equally controversial than when it was approved has been the removal of the 400 Euros tax deduction applicable to income from work performance and economic activities for those taxpayers with taxable amount exceeding 12,000 Euros. The effect we have seen in the payroll of Spanish workers from last January.

To encourage recruitment, the new rules in the area of personal income tax and only for the 2009-2011 tax periods bring a tax reduction on the NET performance of economic activities in case of creation or maintenance of job. This measure has retroactive effect as of 1 January 2009. In order to qualify, the next requisites are needed: I) exercise of an economic activity, II) business total turnover for all economic activities performed of less than EUR 5 million, III) less than 25 employees, IV) maintenance or creation of employment in such exercises. The new rules implement a reduced type of tax charge for 2009 to 2011 periods if the above requirements are met. The scale of tax applied to these entities is as follows:

I) Tax base between 0 and 120,202.41: 20%

II) Excess: 25%

Could the Spanish Football League still attract the best in the world once the special legal arrangements for Inpatriated people or “Beckham law” has been modified with effect 1 January 2010? In this respect the novelty is that those workers whose predictable fees will exceed 600,000 Euros per year shall not be eligible for the special scheme of taxation (flat rate of 24%).

It is provided that with effect from 1 July 2010, despite criticism emanating from all sectors, an increase in the rate of general Value Added Tax from 16% to 18% is taking place. On the other side, the reduced tax rate will raise from 7% to 8%.

  • Share/Bookmark

Is there in Spain a term for me to claim responsibility from medical malpractice?

Yes there is. According to the Spanish law there is a term of 15 years to claim responsibility due to significant negligence or other malpractice when they are originated from contractual professional services.

  • Share/Bookmark

My rental contract does not mention any tenant’s address other than the rented property. Where should I send him an official notice if I know he is not there?

The recently approved new Reform of the Law for Leases ( Ley 19/2009) has solved this old dilemma. It clearly indicates that in case the parties have not stated otherwise, the tenant’s address for official notices is the rented property. And this is so regardless your tenant is not there when the notice is properly sent, therefore as a consequence your notice shall have legal effects even if it does not reach the receiver.

  • Share/Bookmark

I am a resident of China and I heard there was a new policy in Spain that if a non EU person buys a house in spain he would get a long term resident permit. I would like to know if this is true.

Non EU resident persons can apply for a Spanish residency permit, including long term one, when they have a house in Spain, but apart from that they also need several other requisites, such as proof of financial means (800 € or more per month per person), a Visa for residency application issued by the Spanish Consulate in your country, and some other medical and official certificates of good standing concerning health and good behaviour in your original country

  • Share/Bookmark

New EU-adapted legislation for bank business practices in Spain

The Act of Payment Services is the transposition of the European Directive 2007/64/EC.

This new legislation came into force on 3 December 2009 and applies to 30 countries of the European economic area: 27 that make up the European Union plus Norway, Iceland and Liechtenstein. It directly affects our operational with the banks. By way of summary:

The regulation applies to the following payment systems.

* Transfers

* Direct debits

* Payments with debit and credit cards

Its entry into force involves a series of changes in business practices of the specified payment instruments, including:

1. Shared expenses (SHARE): the costs of emission of transfers, should they exist, are shared between the payer and the payee, as per the criteria applied by the respective financial institutions.

2. Transfers are paid in accordance with the identification code provided by customers: the number of account (C.C.C.) or the IBAN.

The international code of Bank Account is the number of international identification of bank accounts. All bank account has an IBAN, but it does not replace the current code account customer (C.C.C.). It comprises 34 contiguous characters maximum bearing a fixed length in each country.

3. Orders will be executed within 3 working days from receipt.

4. Payments covered by this system are credited with the value date on which the amount of the transaction is received in our entity (in the case of non-business day shall be paid with date value of the next business day).

5 .You shall have a period of 8 calendar weeks to request the return of any receipt.

Source > Ing Direct

  • Share/Bookmark

I have sold my property in Spain and the bank still claims unpaid mortgage instalments from me. Could this be legal?

Yes it could. It is quite normal that the bank made you sign a document saying that the repayment of the loan originally given to you was protected with the mortgage on the property but also with your personal guaranty, meaning you could be forced to pay the due instalments if the bank chooses to claim these from you instead of repossessing the property, or even in case where the repossession does not cover the debt outstanding.

  • Share/Bookmark

NEW 100% MORTGAGES TO BOOST SPANISH MARKET

(From OPP News)

Buyers in Spain could be able to secure 100% mortgages for the first time during the downturn thanks to a new developer-bank partnership.

Customers buying from UK-based developer Almanzora Group will be able to apply for 100% loan-to-value finance through the Bank of Andalusia on properties with discounts of up to 55% off peak price.

The developer has been selling around three properties per week since the start of the year and hopes the new mortgage offer will provide an extra boost to the market. The large discounts make the properties more affordable and so the bank can feel more confident about buyers’ ability to repay the loan, said Almanzora’s sales and marketing manager Simon Coaker.

“In some cases, the mortgage available is larger than the amount actually payable by the purchaser,” he said. “This is because, following last year’s price reductions, current prices of a number of properties are actually lower than the bank valuations.”

Bank incentives

Although the number of mortgages issued in Spain rose year-on-year for the first time in two years in November 2009, such high loan-to-value rates have become almost unheard of in Spain due to increased conservatism among lenders. However, banks are more likely to lend to customers buying repossessed properties or from developers backed by bank funding.

“There are some 85% loan-to-value loans available for bank-owned properties but generally there is still little movement in the market,” said Clare Nessling, operations director for international mortgage broker Conti.

Coaker told OPP that Almanzora was in partnership with the Bank of Andalusia to fund certain elements of its projects, but that the bank also wanted to take advantage of the sales opportunity.

“The banks have seen us doing well and are interested in dealing with our clients,” he said. “Some of our own mortgages are with the Bank of Andalusia but they have competed against other banks for our customers’ business.”

Addressing the long-term sustainability of such large price reductions, he said: “We wanted to create real interest in the property so have allied a mortgage product to selective discounts that will incentivise the market. But we think the 55% discounted stock will sell very quickly and we anticipate raising prices hopefully by mid-year.”

  • Share/Bookmark

One-stop shop for Value Added Tax (VAT) in Spain.

The Spanish Council of Ministers adopted a Royal Decree to complete the transposition of Community directives known as ‘VAT package’ referred to in the new system of ‘one-stop shop’ to enable the return of VAT quotas to European businessmen, announced the Executive in a note. The new system applies to employers established in the peninsula and the Balearic Islands when they supported VAT charges in other EU countries.

  • Share/Bookmark

I am a Russian long term resident in Spain; can my Russian wife get her residence permit automatically?

It is not that automatic. First of all you must apply for her legal reunion with you in Spain at the Spanish authorities of your place of residence, then after you get an official permission for her, your wife must request a Visa at the Spanish consulate or embassy of her place of residence in Russia, and finally your wife is given a term of two months since the date of her Visa to request her residence permit in Spain. You and your wife will need to prove you have sufficient economic resources to live in Spain during your initial residence term, including a home and medical insurance. Your wife must bring a official certificate from her Country’s authorities showing she has no criminal records.

  • Share/Bookmark

« Previous Entries