Company Presentation and Services
The Spanish Legal system works very differently from that which most people are used to and matters that could be easily resolved in your own country become bewildering when in another, due to differences in the law or in the language.
We have the necessary resources to provide a comprehensive list of legal and administrative services, including among others:
Legal advice and assistance on property purchase, litigation, family matters, inheritance, setting up business, obtaining N.I.E numbers, tax representation services, setting up your standing orders, utilities payment, local taxes payment, town hall certificates and registration and of course handling mortgage applications, etc.
Business setting up and self employment
Geslegal offers a global and specialised service in all aspects of law connected with business. Once you have your business idea, you will need someone to assist in setting up the relevant licenses and registering your business in the appropriate offices such as Social Security and Treasury Department and to provide your staff with contracts of employment.
We cover a wide range of areas of legal assistance, among others:
- Starting a business or becoming an entrepreneur
- National and International Taxation
- Financial Law and Insurance
- Setting up of companies and trade marks requests
- International trade operations, logistics, bills of landings and Incoterms
- International sale of goods, services and securities
- Import and export as well as Lease contracts and agreements
- International litigation and arbitration
- Legal and financial matters at European level
Legal Advice for Self-employment
If you are thinking of working in Spain and you are an EU national you can enter Spain as a tourist and register with the Spanish National Employment Office (Instituto Nacional de Empleo - INEM) or other regional employment agencies to look for a job, then you have 90 days to find employment. You can obtain an extension after that date or leave Spain and re-enter for a further 90 days. Once you get a job, your employment contract will be necessary to apply for your residence card.
We can offer you expert legal advice and legal assistance in all the legal matters concerning working on your own. In Spain being self employed means you have the status of trabajador autónomo, which in summary means the following:
- You are an adult individual who will be carrying out commercial activity without having any type of employment contract with another legal entity. For example, this may be the case for company directors, translators or writers.
- Responsibility: As for most other countries the individual is personally responsible out of his/her personal assets for all debts incurred in the course of their commercial activities.
- Social security: You will be required to sign up to state social security under the scheme for autónomos (self-employed).
- Tax: a self-employed person pays tax at the same rate as for all individuals.
- Legal Advice for Starting up a business.
The choice of the legal form to adopt for starting up a company should be made after careful study, in order to choose the one which best suits the characteristics of the project to be carried out. In Spain, the most suitable legal form for small and medium-sized businesses is the Limited Liability Company.
But our services do not end in something as limited as the formation of a company, but we provide legal advice to our clients after the outset of their business ventures, and thereafter in the development and evolution of their economic activities, including any future transformation, disposal or liquidation, as well as in situations involving insolvency. We also advise our clients on their relations with competitors, suppliers, customers and partners, as well as with public administrations and institutions.
Real state services
Selling or buying a property is stressful and there are many steps and requirements and arrangements to be done. In Geslegal we provide comprehensive assistance and independent legal advice to our clients so that they can avoid errors and help them in the legal aspects concerning their properties in Spain. We suggest you do not just rely on the estate agency to help you with your legal work, after all at the end of the day estate agents are there to make a sale and get their commission.
We provide the legal guarantees for the purchase of the property, ensuring that Spanish legal requirements are met.
Our conveyance service includes the following aspects:
- Setting the Notary Appointment with all related paperwork
- Accompaniment and translation at the Notary
- Legal advice on the tax implications of purchasing / selling property
- Fiscal representation for management of annual taxes
- Power of Attorney
- We can liaise with banks should you need a mortgage
- Legal assistance in when buying a newly constructed house (land registry searches to establish the current ownership of the property, that the property is free of debts and other charges, checking the property has all necessary planning permissions and licenses, etc.).
- Transfer of utilities to your name (water, electricity, gas, telephone, etc.).
- Preparation of Utilities Contracts, Community Charge and Suma
- Give legal assistance with the transfer of funds to Spain.
- Advise you about the declared values in connection with the purchase.
- Disputes with local authorities.
As Spanish legal system is slow and expensive we try our best of solving incidents without going to court. We are of the belief that it is more expensive to have to resolve legal issues than to avoid them altogether by undertaking the conveyancing correctly from the start.
If you live part of the year abroad, we are able to take care of your Spanish properties.
We offer among other services:
- Checking on your house on a weekly basis to verify that everything is all right. In case we find something that needs taking care of we inform you about the repair to be done.
- Cleaning your house before your arrival to Spain.
- We can on request rent or sell your house.
- We can put a sign next to your door with our contact data to be reached in case some incident may happen. We also can be the representative to be contacted by the council and others.
- We provide a comprehensive Fiscal Representation service for those clients who are non-residents giving peace of mind in the knowledge that any taxes are being taken care of.
- We are able to provide suitable contracts for rentals of residential properties.
Tax, Fiscal and Legal Advice
While residents in Spain pay taxes on their income worldwide, non residents are taxed only on their income from sources within Spain. That is why residency is so important. We offer tax, fiscal and legal advice for residents and no residents.
If you are tax resident in Spain and receive income from another country where tax is deducted at source you may qualify for tax relief in Spain on this foreign income.
Our tax and fiscal services comprise:
- Company taxes and book keeping.
- Appeals against Tax Authorities/Tax repayment claims.
- Preparation of tax returns and payment on behalf of the client of local, regional and national taxes.
- Assistance during tax inspection proceedings.
- Tax Management.
In order to help meet the yearly requirement of filing returns it is advisable to appoint a Fiscal Representative in Spain. We also offer this service to our clients. The representative is required to acquire the forms, complete them, and pay the taxes due, all within a required period of time.
Non resident taxpayers have an obligation to appoint a representative with residency in Spain in the following situations:
- When they operate through a permanent establishment
- When they do not operate through a permanent establishment but provide services, technical assistance, installation or assembly work derived from engineering contracts and in general activities or financial operations in Spain not through a permanent establishment.
- Whenever the Tax Administration requires it.
- For residents of countries or territories with no effective tax information exchange agreement in force, when they are holders of assets located in, or rights to be settled or exercised in Spain, other than securities traded in official secondary markets.
However, taxpayers may voluntarily appoint a representative with residence in Spain who can serve as a communications liaison with the Tax Administration.
The representatives of non resident taxpayers operating in Spain through a permanent establishment and of flow-through entities established abroad with a "nexus” in Spain will be primarily liable for their tax liabilities.
Legal Advice on Wills and Succession
If you own a property in Spain it is advisable but not essential that you make a Spanish Will. If you do not and instead rely on your English Will or the laws of intestacy (if there is no Will) then you will find there will be increased bureaucracy and administration costs in dealing with the Estate as the relevant documents will need to be translated and notarised.
Making a Spanish Will is a reasonably straight-forward matter. It can be made out for your Spanish assets only. The most popular way is for the Will to be executed before a Spanish Notary. It may however be advisable to employ the services of a lawyer beforehand in order for him to prepare a draft of the Will in accordance with your instructions. In Geslegal we have cheap fees for preparing a Spanish will.
The Will in most cases is a reasonably simple document reciting those members of your family and friends who you wish to see benefit from your estate. It is not normal procedure as in an English Will to appoint Executors as the Spanish authorities consider it to be the responsibility of the beneficiaries of the Will to deal with the Estates administration.
Spaniards are subjected to laws governing compulsory heirs. They have to leave one third to be divided equally among their children, another third is to be left to their children in any division, the last third can be divided as seen fit.
A Notary however is willing (Article 9 of Spanish Civil Code) to register a foreigner's will in accordance with the law of his nationality. However some national laws, England for example, state clearly that foreign (Spanish) assets should be disposed under the law of where the assets are located. In practice this is not a problem and foreign residents can dispose of their assets as they see fit. If you believe your Will might be challenged by your children seek further legal advise and consider transferring the titles before your death.
If you have assets in more than one country, consider having wills in each country to avoid complicated translations, certifications and procedures for your family after your death.
Although we try to resolve disputes by negotiation or mediation, sometimes, it is necessary to defend some claims in court.
Fields in which we specialise include the following:
- Spanish consumer litigation, including claims against hotels, airlines, tour companies, etc
- Spanish employment matters
- Spanish personal injury claims
- Commercial litigation in Spain
- Spanish residential and commercial property matters
- Debt recovery/collection
- Construction problems
- Property damages
- Property handover and termination date
- Contractor’s, developer’s and technician’s liability
- Non-fulfilment of contract
- Traffic accidents
- Corporate litigation
- Spanish criminal defence work
For you needs of legal advice and assistance Geslegal provides an adapted solution safeguarding your image and interests, and assists in the reflection and the formulation of proposals in the files undertaken. We analyse and optimise the alternative remedies for dispute resolution. We effectively comply with the appellate requirements and procedures. We bring the most authentic litigation services at the most pocket friendly price.
Castalla International, Castalla Internacional.