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KLEV&VERA > Legal Advice

Do I pay tax on money gifted to me from abroad?

Many wonder when and how much they will be taxed when transferring money or donating. A common misconception is that taxes only need to be paid on money transfers over 3000 €; however, that is not the case as all donations or transfers are taxable, no matter how big or small. Donation Defined Section 618 of the Spanish Civil Code defines a donation as “…an act of liberality through which a person freely provides money or goods to the favor of another person, who in turn accepts.” Essentially, under Spanish law, when a person gives away a sum of money or item...

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2021 Spanish labour market reform: key changes, implications and nuances

With the introduction of a new Spanish labour market reform at the end of 2021, it is important to understand the key changes and their implications for employees, employers, or anyone looking to enter the Spanish market. In this article, we will guide you through the labour reform and make sense of any nuances or irregularities you might have missed. The key changes of the labour reform include: Training and apprenticeship Contracts Temporary contracts ERTEs (Furlough/temporary massive dismissal) and RED Mechanism Subcontracting Regulated transitional period Priority of agreements   The 2021 Spanish labour market reform: Context and introduction Before analysing the changes made, we...

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How do you make a Spanish denuncia in Barcelona?

A Spanish “denuncia” is a complaint about something or someone. The police investigate and check whether there is a case or not. If you have been a victim of a crime, you can make an appointment for a Denuncia at any office of the Guardia Civil or Policia Local. Appointments can only be made online. To reduce waiting times at the police stations and to guarantee the prevention measures recommended by the health authorities regarding the pandemic, the Mossos d'Esquadra have set up an appointment service for complaints. The appointment service is complementary and does not exclude the reception of complaints or the...

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How Do I Verify a Spanish Lawyer?

There are two ways to officially verify a Spanish lawyer. The first official way to verify a Spanish lawyer is to use the national bar associations Census of Lawyers (Censo de Letrados). This is a straightforward process. Visit the website of Spain’s national bar association, Abogacía Española, select your language, click on “services,” and click the icon that says “Censo General de Letrados”. Then, simply type in the first and last name of the attorney you want to check and the system should find the attorney’s information, including their bar number and practice address. Another official channel for verifying an attorney is...

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How do I Find a Solicitor in Spain?

There are a number of ways to find the right lawyer to advise you in Spain. One good place to start may be your country’s embassy. Many, such as the U.S. and UK embassies provide lists of English-speaking lawyers. The UK embassy for example provides a list for each region of Spain along with the names, contact information, and legal practice areas of each attorney. Many other countries have similar lists of attorneys that speak the country’s language. Local bar associations also have search engines that can help you find an attorney in a particular field of legal practice. For example,...

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Can I sue in Spain?

Whether you can bring a lawsuit in Spanish courts will always depend on the type of lawsuit and sometimes, the parties involved. The types of cases can generally be put into three categories, debt collection, family law, and commercial disputes. Debt Collection Debt collection is the most straightforward in terms of jurisdiction. If the debtor is domiciled in Spain, you can bring your action there. Before you file a lawsuit however, you will first need to go through a non-judicial process. This will involve sending a certified fax request along with proper documentation such as the invoice to the debtor. If you...

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What are the inheritance laws in Spain?

A recent uptick in inheritances has put new attention on an upcoming change in Spanish inheritance laws. Starting in 2022, the Inheritance Gift tax will be Levied in a more standardized and less subjective way. This change has prompted some to consider getting inherited property transferred sooner rather than later. Due to the tragedy of excess deaths from the COVID-19 pandemic, Spain has seen in uptick in properties being transferred via inheritance. This uptick has been most pronounced in Catalonia, with Andalusia not far behind. Madrid and Valencia have also seen significant increases. Executing an inheritance can already be a cumbersome process....

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How do I verify a lawyer in Spain?

When seeking legal assistance, all the more so in a foreign country, it is normal to feel lost or overwhelmed. This, unfortunately, makes it all the easier for you to be tricked into paying fees to fraudsters who claim to be lawyers while lacking the proper training or accreditation. Here is what to look out for in order to avoid these scams. A large percentage of ‘fake lawyers’ are students with some understanding of the law but without a licence from the relevant Bar Association or ‘Colegio de Abogados’. Some are genuine lawyers who continue to practice despite being stripped of...

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Life after Brexit: why is so important to have a Spanish will?

Hundreds of thousands of Britons have decided to call Spain home. Many more own property in Spain. With the uncertainty surrounding the changes that come with Brexit, it is important to understand the rules that apply to you and how best to draft a will to ensure that your wishes are respected.The rules of inheritance in the EU are governed by the EU Succession Regulations, also known as Brussels IV. This applies to you whether you have Spanish nationality, property in Spain or your primary residence in Spain. Brussels IV says that the law that will apply to the estate...

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BREXIT: New 2-STEP Procedure to Obtain Residency for British nationals

As of this week, #Spain is introducing a new 2-step procedure to obtain #residency certificates for #UK Nationals who wish to reside in Spain post-#Brexit. The #Withdrawal Agreement between UK and EU sets a transitional period until 31 December 2020, until which UK citizens retain all the rights as if the country were still a member of the EU. However, for all new applications from 6 July 2020, UK citizens will be issued not with a #green-residency certificate as other EU citizens, but with a third-country credit-card type ID called “#TIE” –Tarjeta de Identidad del Extranjero. This card will indicate the...

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