Probate lawyer Michael Davies writes about legal issues affecting ex-pats in Spain

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by Michael Davies

News and opinion on European and Spanish regulations affecting ex-pats who retire, play or invest in Spain

Michael Davies is a Spanish lawyer specialised in probate, inheritance tax and inheritance related litigation for ex-pats in Spain.

Non resident tax. How is it calculated if there is no income?

4 January 2015

A lot of people find it difficult to understand that they have to pay non resident income tax when they are not actually renting their property out, but the fact is that all non residents who own a property in Spain have to present a non resident tax returns and pay some tax even if
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Published in: fiscal representation

Inheritance : If you wish to claim the 175000 euro exemption in Andalucia make sure you prove you and the deceased where residents or you will have problems.

19 December 2014

Q. My husband deceased a year ago in the u.k. while on holiday even though we have both residen in Mojacar for over 20 year . He has left me half of a villa and a bank account (both in Mojacar). The total value of the estate was just over 120000 euro, and I paid
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Published in: Inheritance, probate, letters of administration

Banks selling property at huge discounts

9 December 2014

Last Sunday the financial paper “Expansion” explained that the Spanish banks have presently got over 150000 properties for sale with discounts of up to 60%. Unlike the last credit crunch back in the nineties , this time it is relatively easy for the public to have access to these opportunities. The banks have all set
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Published in: buying a property in Spain ,conveyancing

Power of attorney

4 December 2014

POWER OF ATTORNEY. A power of attorney used correctly and in the correct hands is an extremely useful instrument to deal with different situations. Their are different kinds of powers of attorney depending on various factors. DEPENDING ON THE FACULTIES. The power of attorney can be made for everything “General Power of attorney” “Poder General”
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Published in: Power of attorney

Inheritance in Jersey : Tax.

1 December 2014

Legal Corner. By Michael Davies. Abogado/Solicitor. Does a non -resident (of Spain ) heir pay inheritance tax in Spain of funds left to him in Jersey by a resident in Spain? Question: My deceased father (a resident in Mojacar) made a will leaving his worldwide assets to me (I am resident in London). The estate
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Published in: Inheritance, probate, letters of administration

Recent European Court of Justice (ECJ) judgment relating to Spanish inheritance tax.

18 November 2014

Case C-127/12 establishes that Spain must stop discriminating against non-resident heirs. On the 3rd of September 2014, the ECJ entered/made a judgment resolving that the Spanish Inheritance Tax imposes restrictions on the free movement of capital, one of the fundamental principles of the EU’s Single Market. More precisely, as stated by the ECJ decision, the
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Published in: Inheritance, probate, letters of administration, inheritance tax

I suggest you take a look at your Spanish will to make it sure it complies with European Directive: 650/2012