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.
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
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.
The purpose of an ETVE, a Spanish holding company, is to restrict the double taxation of income of Spanish companies. The aim of this special tax position is to promote the Spanish economy through tax cuts and the expansion of companies abroad.
Foreign investors are following three appeals against the reduction of feed-in tariffs in Spain: the transition before the national courts, the transition to Court of Justice or the assertion of claims under the so-called Energy Charter Treaty. The Spanish economic crisis has meant that, due to the budget deficit, allowances were completely deleted. This led to the existential threat for many companies.
Regarding personal and material resources, a Spanish holding company can not be an empty shell or a mere custodian of assets. Regarding tax privileges, the company is not subject to the regular commercial, corporate and value added tax.
Holding companies, also know in Spain as ETVE (Entidades de Tenencia de Valores Extranjeros (ETVE) are considered as one of the most competitive holding regimes in the European Union. Through the Spanish ETVE, companies achieve a tax-free profit transfer on their interests in companies at home and abroad.
The Internet of Things (IoT) refers to the connection of devices and/or objects to the internet in order to collect and collate data of how they are being used. Due to its complex systems and cross-border nature, data protection laws regarding the IoT are still being developed and modified by regulators. Therefore businesses have to be wary and keep themselves updated of the legal regulations regarding data collection via the IoT.
The terms and conditions must be transferred demonstrably. Central provisions such as the choice of law or jurisdiction are contained only in the terms and conditions. Therefore rightful inclusion of terms and conditions (best by brief confirmation in a slim framework agreement) guarantees these central provisions.
Business cooperation and the entrance into the Spanish market are often controlled through joint venture agreements. A joint venture is not defined by Spanish law. To determine the legal requirements, general standards of the Spanish Civil and Commercial Code should be applied, particularly Article 1255 of the Civil Code.
The legal provisions laying down the basis for collective dismissals for economic reasons, as they were defined in the Spanish Workers’ Statute, infringe European Directive 98/59/CE and have undergone a change. Now, only the workplace that is affected by restructuring is regarded as the basis for individual and collective dismissals.