What is the difference between “patria potestad” and “guarda y custodia” in Spanish family law?

One of the most common confusions in family proceedings in Spanish law is between the concepts of “PATRIA POTESTAD” (parental authority) and “GUARDA Y CUSTODIA” (guardianship and custody) of minor children. Parental authority is the right and duty of parents in relation to their children. The Spanish Civil Code establishes that it shall be exercised [...]

By |October 10th, 2023|Front|0 Comments

WEALTH TAX [IP] AND LARGE FORTUNE SOLIDARITY TAX [ISGF] and the NON-RESIDENTS WITH REAL ESTATE PROPERTY IN SPAIN

1. CURRENT TAXATION OF NON-RESIDENTS WITH ASSETS IN SPAIN 1.1. NON-RESIDENTS OF COUNTRIES WITHOUT DOUBLE TAXATION AGREEMENT [DTA, hereinafter, Spanish initials: CDI] WITH SPAIN OR WITH CDI WHICH DOES NOT INCLUDE THE WEALTH TAX [IP] Real Estate appraisal Deduction of charges or debts in relation to the properties Applicable legislation and minimum exemption Special tax [...]

By |November 22nd, 2022|Front, Tax law|0 Comments

Alejandro Del Campo mentioned by The Local Spain in relation to Why Brits in Spain should consider drafting a will now more than ever

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By |November 17th, 2020|Front, Press, Tax law|0 Comments

Purchase and sale of real estates in the Balearic Islands

Spouse’s express approval necessary when selling the family residence.   The Balearic Civil Code Depending on the region, Spain has different civil rights systems (Navarra, Basque, Galicia, Catalonia and the Balearic Islands). This means that the Balearic Islands have their own civil law regulating the relations between the citizens living here.   What is the [...]

By |September 13th, 2017|Civil, Front, Property law|0 Comments

PLANIFICATION OF INTERNATIONAL SUCCESSIONS

For those residents in the Balearic Islands, who are considering to plan their succession, we offer a complete service including all tax and legal aspects as well as the execution of all necessary steps. The following points should be taken into consideration: The new EU regulation for inheritances comes along with significant changes. Formerly the [...]

By |January 28th, 2016|Civil law, Featured, Front, Tax law|0 Comments

FISCAL ADVANTAGES IN THE PURCHASE OF REAL ESTATE IN SPAIN BY NON-RESIDENTS WITH BANK FINANCING

Now, for most of the persons who plans to acquire real estate in Spain, being non-resident in this country, the most convenient and simple way is to purchase as individuals and not through Spanish or foreign companies. In this way, in case of sale, will pay for the non-resident Income Tax to 19% on the possible equity gain, compared to 25% that [...]

By |September 29th, 2015|Featured, Front, Tax law|0 Comments

TAXES PAYABLE IN SPAIN BY NON-RESIDENTS WITH PROPERTY FOR THEIR OWN USE AND/OR RENTED

TAXES PAYABLE IN SPAIN BY NON-RESIDENTS WITH PROPERTY FOR THEIR OWN USE AND/OR RENTED In addition to the annual REAL ESTATE TAX to be paid to the relevant City Hall, the non-residents who are owners of real estate in Spain must be very attentive to two other taxes to pay to the State Treasury: - Income Tax - Wealth Tax INCOME TAX PROPERTY EXCLUSIVELY FOR [...]

By |September 29th, 2015|Featured, Front, Tax law|0 Comments

The prestigious WALL STREET JOURNAL mentions DMS Consulting regarding the discrimination of non residents on the taxation of inheritances and donations.

DMS CONSULTING mentioned in the WALL STREET JOURNAL (subscription needed). The prestigious Wall Street Journal mentions DMS Consulting in its article about the European High Court ruling against Spain for the discriminations of non residents on the taxation of inheritances and donations. We are extremely proud that the labour and monitoring of those important issues [...]

DMS Consulting celebrates its 25th anniversary.

For over a quarter of a century DMS Consulting has offered a legal, fiscal and corporate consulting at the highest possible level. There had been significant changes during all these years: the world itself, the Majorcan and Balearic society in particular but also the way in which our services are offered, especially when we take [...]

By |May 14th, 2015|Featured, Front|0 Comments

REEMBURSEMENT OF INHERITANCE AND GIFT TAXES PAID IN SPAIN BY NON-RESIDENTS

- NO WIN NO FEES - The European High Court has rueld in his seminal judgement of 03/09/2015 that the current Spanish legislation on the taxation of inheritances and donations is not compliant to European law because it discriminates the Non Residents in Spain (as they are forced to pay up to 34% even within [...]

By |May 13th, 2015|Featured, Front, Tax law|0 Comments