FAQ2020-05-07T18:45:39+02:00

FREQUENT ANSWERS AND QUESTIONS

Do you have any legal or tax question?

 

At LegalMed we give you the best solution for your legal and tax questions: here is a summary of the most frequent questions from our clients.

Is it worth to claim an unpaid debt through court?2020-05-07T17:11:17+02:00

It’s a question we always do, especially when it comes to small amounts.
The answer depends on recovery chances and amount due. That is, you should have enough documentation supporting the debt and you should try to find out whether the debtor has enough resources to pay.

To have the best chance of success, you should:

  1. Claim the debt as soon as possible because the more time passes the less likely to recover the debt because the debtor’s situation may get worse.
  2. Gather all the information regarding the debt. Specifically, invoices, returned notes, letters, etc.).
  3. Contact a professional who can help you analyze the solvency of the debtor and the possibilities of recovery based on documentation.
What are the steps for notarized divorce?2020-05-07T17:12:09+02:00
  1. Consult a lawyer to draft the regulatory divorce agreement. It will include how the goods of the couple will be split and whether it will be an alimony.
  2. Once the regulatory agreement is drafted, spouses accompanied by their lawyer must go to the notary for the granting of a deed, to reflect the desire to separate and the regulatory divorce agreement is governed.
  3. Once signed, the notary will instruct the deeds to the civil registrar for registration.

How long does this process take?
Notarized divorce is much faster than the court one because it is only necessary to have a lawyer drafting the regulatory agreement and go to a notary for signature

Should we always go to court to get a divorce?2020-05-07T17:13:31+02:00

The answer is no. Since July 2015 you can divorce by signing a notarized agreement but it must meet certain requirements.

  1. It must be a divorce by mutual consent.
  2. There are no minor children or judicially modified capacity children (disabled).
  3. Both spouses must go personally to notary with their lawyer.

How long does this process take?
Notarized divorce is much faster than the court one because it is only necessary to have a lawyer drafting the regulatory agreement and go to a notary for signature.

What should you do when you suffer a fall or have a car accident due to the poor condition of a street or highway?2020-05-07T16:57:04+02:00

1. Call a local police if you are on the street or a traffic policeman if it is a road to draw up a report on how the damage occurred and the reason for it. It is essential that they indicate the cause of the accident to initiate a claim, that is, if it is due to poor condition of the asphalt, poor lighting, poor signage, etc.

2. Get all the possible evidence. For this, you can use the camera of your mobile and ask the contact details of the witnesses who were present at the time of the accident if it is necessary to present more evidences.

3. If injuries occur, call an ambulance or go to the emergency services as soon as possible. Remember to request reports and save all documentation related to sequels, medical leave, wound treatment, invoices, etc.

After collecting all the information, we must find out who is responsible for damages which Administration you must submit the claim.

What is “plusvalia” in Spain?2020-05-07T16:54:00+02:00

Plusvalia is a local tax that taxes the increase value of the land since the date of purchasing to the date of sale.

It is calculated according to the area where the property is located, the catastral value of the property and the number of years that you owned the property.

You should have in mind that this tax is pay by the seller by Law.

What is the NIE number and what do I need it for?2020-05-07T16:48:29+02:00

The NIE is a Foreigner ID number in Spain. The actual legislation makes it necessary to have a NIE for all foreigners that want to buy or sell a property in Spain. Nowadays, the NIE is just a piece of paper issued by the Spanish police department with your name, NIE number and official stamp.

You should have in mind that you must keep the original document safe because you will need to present it before public offices, notaries, etc.

Do I need a will in Spain?2020-05-07T16:43:16+02:00

If you are foreigner and you own a property or goods in Spain, we will recommend you to sign a will in Spain concerning your belongings in Spain. This will avoid legal problems, delays and additional expenses to your heirs.

You should have in mind that there are only 6 months since the death time to pay the inheritance tax.

Please do not hesitate to contact us and we will advice you without obligation.

What happens if I own a property in Spain but I have never paid any taxes in Spain?2020-05-06T19:58:53+02:00

If you have not paid any tax in Spain although you own a property in Spain, you should contact a fiscal adviser to regularise your fiscal situation in Spain and avoid any additional cost or interest.

Please do not hesitate to contact us and we will advice you without obligation.

What are the annual payments after I bought a property in Spain?2020-05-06T19:51:00+02:00
  • Community expenses. If your property is included in a residential you should pay every year some community expenses that cover the maintenance of the communal areas (swimming pool, gardens, lifts, etc)
  • Non residents Income Tax. It is an annual tax that every non resident must pay for owning a property in Spain.
  • IBI (Property Tax) is a local tax that must be paid in relation to the catastral value of the property and the town.
  • Home Insurance to protect your property and your belongings.
  • Water and electricty bills.
What do I need to do if I want to buy a property in Spain?2020-05-06T19:27:25+02:00

1. Set your budget
You will need to set your budget knowing the costs related to the purchase. Apart from the property price you will have to pay professional fees and taxes that come to approximately a 10-12% of the purchase price of the property.

2. Find your property
You will need to prepare a list of the characteristics that you want your property in Spain to have and contact a specialized real estate area where you want your property.

3. Lawyer
You should always ask for professional advice from a legal adviser with great experience in the real estate business.
Your lawyer will make all the arrangements to guarantee a legally safe conveyance avoiding any unpleasant surprise.

4. Purchase contract
Once you have chosen the property, you will need to sign a reserve contract and pay a deposit to reserve the property. It is common practice to pay instalments on account of the property until the handing over of the property.

5. NIE.
If you are non resident and want to buy a property in Spain, you will have to apply for a NIE (Foreigners ID number) for each of the owners to get the property finally registered into your name.

6. Property Inspection
Remember to visit the property before the signing of the Title Deeds and handing over of the property to check that everything is right.

7. Mortgage
If you need financing to buy a property, you will need to have all updated documents ready in relation to income and expenses (last payslips, last mortgage bills, last bank movements, etc).

8. Spanish bank account
Once you have decided to buy a property, it is important to open a bank account in Spain to transfer money from your country and to pay bills like water and electricty.

9. Notary
To complete the purchase transaction you will have to go with the seller to sign the Selling Title Deeds before a Public Notary. If you do not speak Spanish you will need to have a translator that can translate the documents for you.

10. Registry
Once the Selling Deeds are signed and the taxes related to the purchase have being paid, the Deeds will be registered in the Land Registry into your name. This last step is used to last some months but your solicitor will inform you once the Deeds are ready to collect. At that moment, you become the official owner of a property in Spain. Congratulations!

What expenses should I consider when buying a property in Spain?2020-05-06T19:21:06+02:00
  • IVA is the VAT you pay to the seller company when is a new property (10%)
  • ITP is a Property Transfer Tax between 8-10% depending on the county. This tax is only applied in second or more transfers of a property not subjected to IVA.
  • AJD is the Stamp Duty Tax, the percentage depends on the county but it is normally around 1,5% of the purchase price. In case of mortgage you will have to pay 1,5% as well in relation to the mortgage deeds.
  • Notary fees depend on the number of pages, number of copies and property value.
  • Registry. You pay the registry to check that everything has being transferred properly and register the property into your name.
  • Lawyer fees vary depending on the services hired but it is usually 1% of the property price.
  • Valuation of the property is necessary if you need a mortgage in Spain to certify the value of the property for the bank. The cost of this service is approximately 300 euros and it lasts for 6 months. This cost should be paid either you get the mortgage offer or not.

Need Help?

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