Yes, it does. To start with, companies normally limit the responsibility they may incur into (including due lease rents), up to the amount of their share capital. Another substantial circumstance is the fact that most companies may legally change their board of shareholders as many times they find appropriate without informing anyone; thus the persons you may have seen at the time of contracting the lease may be substituted by others you do not know at all.
A properly drafted lease contract should avoid these and any other risky issues even if the tenant is to be a company.
Emilio Pino – Abogados can help you regarding such contract.
Yes, it does. To start with, companies normally limit the responsibility the may incur into (including due lease rents), up to the amount of their share capital. Another substantial circumstance is the fact that most companies may legally change their board of shareholders as many times they find appropriate without informing anyone; thus the persons you may have seen at the time of contracting the lease may be substituted by others you do not know at all.
A properly drafted lease contract should avoid these and any other risky issues even if the tenant is to be a company.
Emilio Pino – Abogados can help you regarding such contract.
No, there is not. All these denominations are different ways to call the same kind of company that basically consists in a limited responsibility company (i.e., the shareholders are responsible up to the limit of their respective share capital), with a minimum permitted capital of 3,006 EUR.
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%.
The present regulations in force regarding transfers of shares of companies directly (or indirectly) owning real estate properties situated in Spain when they represent 50% or more of the Company’s active (total assets) establish that these share transfers pay a transfer tax as if they were normal real estate transfers. In the present moments, this tax is 7% in Andalucía.
The same tax is applicable to transfers of shares owned as a result of provisions of Spanish real estate properties into companies at the time of the formation of such companies, or of the share capital increases as long as the elapsed time between such provision and the transfer is three years or less (before it was one year). 2007-08-27.
They are not the same even though the S.A companies (or Sociedades Anónimas) and S.L. companies (or Sociedades Limitadas) have many characteristics in common. While S.A. companies are designed for medium to big enterprises and have a minimum share Capital of 60,102 Euros, the S.L. companies can operate with a share Capital of at least 3,006 Euros. Also, S.A. companies have a more strict system of control related to accounts and to actions and obligations where official publicity is forceful.
The Spanish ministry of industry, tourism and commerce is considering a reduction of around 13% of the rate paid for the request of registering a trademark, a measure that will bring an annual saving of 2.7 million Euros to the users of these services. The minister also indicated that during the last year in Spain there has been a reduction from eight months to five and a half months in the average period for the concession of a trademark. The government has approved a set of measures for companies to facilitate access for the protection of their trademarks, electronic requests, renewal of trademarks and the streamlining of the payment system.
The European Commission proposed a modification of the EC regulation on VAT (Value Added Tax) with the aim of facilitating on-line invoicing by means of reducing administrative constraints on companies, especially small and medium-sized enterprises.
The EC thinks that this will help member states fight tax fraud. Brussels calculates that this initiative will allow a saving of 18,000 million Euros within the EU.
The proposal suppresses the effective disposition of the EC regulation on VAT that prevents electronic invoicing and establishes the principle that electronic invoices have the same validity. It will allow companies to adopt 100% electronic invoicing systems.
The commissioner responsible for fiscal policy László Kovács, emphasized that at the present time the national rules regarding invoicing in the territory of VAT “are excessively complicated and diverse, creating useless administrative loads for the companies that exert international activities and which facilitate the merry-go-round type of fraud”. 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 EC Executive presented a report on the European strategy for the reduction of administrative burdens; its conclusion is that citizens and companies are already getting benefit from this initiative. The suppression of about 1,300 legislative acts representing around 10% of the total or 7,800 pages of the Official Newspaper has been proposed. The anticipated measures of reduction estimate a saving of administrative loads worth more than 30,000 million Euros.
(Source: Vlex, Noticias Legales)
The Ministry of Industry, Tourism and Commerce of Spain emphasized that it will force the Energy Services Companies within the Social Dialogue, to reduce the consumption of energy in the country resulting in economic and environmental benefit. According to the Spanish government’s opinion, the Energy Service Companies will indeed be a source of employment in the sector of business most damaged by the present situation (the construction business, 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 Service Companies will offer applicable plans of energy making savings easier for their clients. Later, they will receive part of the profits that the mentioned saving has generated. Basically, an Energy Service Company is dedicated to design, finance and to carry out measures of energy saving for its clients, homes, public companies and institutions. Among the possible saving measures in energy consumption are the substitution of diesel boilers for heating, the incorporation of systems of switching off lights by detection of human presence in offices or rooms, substitution of the traditional incandescent light bulbs by light bulbs of low consumption, improvement of insulation in houses and buildings to offset heat and the cold.
http://www.foro-industrial.com/2008/10/empresas-de-servicios-energeticos-en-espana/
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 his speech at parliament Mr. Zapatero stated: Firstly, stock exchange-listed investment companies in the real estate market will be authorised. These companies will enjoy a favourable tax regime, will promote the rental market, will facilitate the access of investment in buildings to the small and medium investor, will provide flexibility to real estate investments of companies, will contribute liquidity to real estate investments and therefore will contribute in making the real estate market more dynamic. Secondly, we will start up a new line of mediation by the Institute of Official Credit, whose objective will also be to encourage 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 exchange 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 may be increased based on the response of the market.