Acquisition of real estate in Spain can generate various fees for which, without careful preparation, the buyer can quickly find himself liable. Furthermore, the transaction can accrue taxes, which can be quite different for the buyer and the seller.
Author Archive for: Karl H. Lincke
About Karl H. Lincke
As an Abogado & Rechtsanwalt, Karl H. Lincke is a Partner at Mariscal Abogados and specialises in M&A, Company law, TMT law and Real Estate law. Working languages: Spanish, German and English.
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Entries by Karl H. Lincke
In Spain, banks usually finance real estate acquisitions through mortgages as well as other services. Borrowers run the risk of finding the liability for fees incurred by the appraisal of the property, notarisation of the mortgage and entry into the land registry shifted onto them.
Seeking real estate in Spain can be done by internet, with the help of a real estate consultant or through an agent. Care should be taken if using an agent, as well as in signing a contract, because agents generate fees and only notarisation can ensure acquisition in good faith.
ICOs offer revolutionary and flexible corporate financing ways to technology start-ups. Even though ICOs increase entrepreneur independence, they bear investor risks. Various legislations in Spain must ‘be taken into account when emitting tokens.
A debtor’s default or delay is established if the debtor cannot satisfy his obligation to pay after receiving an overdue notice. At the time of contraction, companies in Spain can take preventive steps to deter defaults from the outset and to improve their legal position in a legal dispute.
The GDPR is directly applicable in all EU member states and introduces new obligations for companies. Since member states have leeway for deviations, Spain has already drafted a legislative proposal.
Fintech is on the rise and competing with financial institutions. Fintech firms offer consumers benefits such as more and easier options for funding. However, there is a catch. While offering benefits to consumers who would be unable to receive such benefits via traditional financial institutions, these fintech services also create risks for consumers.
The new law regarding the taxation of photovoltaic systems in Spain requires that households operating this technology pay grid fees in addition to a ´sun tax´. Furthermore, it regulates the selling of electricity from private households. The fines for not complying with the restrictions can reach a height of €60 million. However, installations smaller than 10kW and specific locations are exempt from this law.
Spain is a world leading contributor in wind power technology, consequently building a great presence in the world as well as contributing 17% of the country’s electricity needs.
The Spanish patent box is not a Spanish company form, but a privileged form of investment for Spanish companies. Its purpose is tax savings for intellectual property income. Thus, the attractiveness of the business location in Spain and its internationalization is promoted. The legal basis is Article 23 of the Corporate Income Tax Law. The usual corporate forms include the Limited Liability Company and the Public Limited Company.