Spanish habitual residence and my last will and testament

With the year coming to an end many people think about new challenges, plans, changes and improve their life for the New Year. Why not making the dream of living in Spain come true? If you are on your way to obtain Spanish residency card or are planning to move to Spain to your holiday property bought long ago, pay attention to this topic about EU succession that may be of wider interest.

Since 17th August 2015, European Union made it easier for people to handle the legal side of international succession. If you intend to reside in Spain for a long term, or for the rest of your life time, it is strongly recommended that you grant a Will in Spain, if you want for your home country law apply to your succession estate, otherwise Spanish laws on succession would be applicable due to your Spanish habitual residence, and is to apply to the whole of your succession. Difficult to sum up main rules of Spanish laws on succession, provided that either Spanish common or regional law might be applicable depending on whether you decide to live in Balearic islands, Aragon, Basque country, Catalonia or any other part of the Spanish country, however, common denominator is forced heirship rules. You must make a choice of law in your will, because according to the EU rules that ease cross-border successions, Spanish inheritance rules apply if you die while residing in Spain, unless you had a will granted stating that you choose for your national law to apply.

Jail Time because of a court error

Spanish Justice system does not disregard the plight of the innocent victim who has unjustly spent some time in jail on a preventive basis. If a person suspected of crime has been detained for trial, spend some time in jail, and where, for lack of proof, he has been released from custody, and in the course of time his complete innocence is established, he is entitled to a compensation for the injuries he has suffered.

Spanish law of Judiciary provides indemnities for these unfortunate victims in the administration of the criminal law upon whom special damage is inflicted. In order to be declared the liability of the State, some requirements must be met; the crime for which the individual was detained must not exist. In some other specific cases, the error must be declared by the Supreme court previous request lodged by the individual who was unsjustly detained and spent some time in jail. Notwithstanding, every single case must be carefully studied by an Attorney, who will provide with proper advice on the best way to proceed according with the circumstances of the case.

Holiday rental licences in Spain

Spanish rental industry has experienced changes since the Spanish law on urban lettings was amended last year and set standards like introducing licences fees for short-term holiday rentals. Since then you can rent your Spanish home out as a furnished holiday let as far as you have previously obtained the required licence from the Town hall. Licence fees amount varies from one town to another, being it more expensive and complicated to obtain in larger cities and touristic places located by the beach or in the mountains. Requirements for the touristic licence for holiday let are ruled by every regional autonomous community (there are seventeen regional autonomous communities in Spain). Some Spanish local administrations require that the property is registered with a speacial registry for touristic business.
Many clients ask to us whether they will have to pay taxes in Spain upon letting their holiday home, well, as far as you are receiving a rent, 21% income tax (irpf) should be paid to the Spanish tax man and 21% VAT should be charged to the tenant.
Failure to comply may lead to hefty fines.

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