Moya&Emery Tax&Legal News

25/09/2023

A new regulation on occupational pension plans came into force in 2023, which has brought with it an increase in the applicable deduction, up to 5,750 euros, compared to the 1,500 provided for in the previous regulation.
Find out all the information in the article.
https://blog.moyaemery.com/pension-plans-for-the-self-employed/

Pension plans for the self-employed can be an option to supplement your retirement pension. Enter here and find out about your options

12/09/2023

The deed of partition is a document in which the division of the inheritance is formally established. It contains all the information necessary to carry out the distribution of the assets among the heirs, it offers legal certainty, as it records all the operations of the distribution.

A model partition notebook must contain all the phases that form part of the partition:
Inventory: an exhaustive list of assets (goods and rights) and liabilities (debts and obligations) that comprise the estate.
Appraisal or valuation: valuation of all the elements of the inventory.
Settlement: all debts are satisfied through the assets of the inheritance. After this phase, the assets can be distributed.
Allocation: equitable distribution of all assets, rights and other titles to each heir.

28/08/2023

In order to be deductible for corporate income tax purposes, the remuneration of a company's directors must comply with the following requirements:
-They must be correctly recorded in the company's accounts.
-It must be accredited by documentary proof of payment.
-To avoid problems, it must have been provided for in the articles of association, together with the form of remuneration and the amount. The Supreme Court understands that if it is included in the Articles of Association, it is not necessary for there to be an agreement at the general meeting.
-In the event that the company is made up of a sole shareholder, the latter requirement is not required because in a sole shareholder company, the sole partner exercises the powers of the general meeting.

26/07/2023

Tired of receiving spam?
Join the Robinson List, managed by the Spanish Digital Economy Association. The application is simple and free, you can register either as an adult for yourself or as an adult for minors.

The name was inspired by the protagonist of the novel "Robinson Crusoe", written by Daniel Defoe, isolated from civilisation after being shipwrecked on a desert island. Symbolically, whoever signs up to an advertising exclusion list rejects everything that arrives from outside.

21/07/2023

The president of the Balearic Government, Marga Prohens, during her press conference on Tuesday 18 July, announced the abolition of Inheritance and Donations Tax (ISD) from parents to sons, grandparents to grandchildren and between spouses. A promised tax reform by the president five days before 23 July.

The president of the Balearic Government, Marga Prohens, during her press conference onTuesday 18 July, announced the abolition of Inheritance and Donations Tax (ISD)

21/07/2023

If you rent your home to a private individual, there are no tax obligations for either party about VAT and withholdings. However, you must declare the rental income in your income tax return (you can apply a reduction of 60% and sometimes even 100%).
However, when you rent the property to a company for the use of its employee, you will have to pass on the VAT to the tenant and you will not be able to apply the rental income reduction in your tax return.

Every quarter, you will have to declare and pay into the bank the difference between the VAT paid (expenses incurred in the rented property) and the VAT charged (the VAT paid by the tenant), using form 303. You must also present the VAT summary annually, using form 390.
However, the first step is registering as a landlord with form 036.

12/07/2023

A foreigners' file can be consulted in person, by going to the Foreigners' Office where it was processed, by SMS, telephone call or on the website of the Secretary of State for Public Administrations. Remote access to files has made it easier for foreigners not residing in Spain to consult them.

It should be borne in mind that:
-Only the holder or their legal representative will have access to the file information.
-The NIE code is required for consultation. If you do not have this code, you can operate with the file number.

07/07/2023

According to the European Consumer Centre's 2018 survey, 82% of European consumers read online reviews before making a purchase. Some companies or users publish false or manipulated reviews to mislead consumers and gain an advantage over the competition. This not only negatively affects consumers, but also the other companies in the market that do not engage in these practices.

In response to this problem, Spain has passed what is known as the "Digital Services Law", which seeks to regulate online reviews and protect the rights of businesses and consumers.

30/06/2023

It is likely that in the next few months you will receive an SMS where "Hacienda" claims or informs you of the return of some amount of income tax followed by a link.
Well, this is a scam that many people fall for every year.

If you have any doubts, contact us.
incometax

23/06/2023

Order HFP/587/2023, of 9 June (BOE of 12 June), approves form 718 "Temporary Solidarity Tax on Major Fortunes", a tax for individuals resident in Spain with a net worth of more than 3,000,000 euros at the date of accrual of the tax.

It comes into force on 13 June for the 2022 tax year, and the deadline for filing the tax return will be between 1 and 31 July, without prejudice to the deadline for direct debit of the payment of the debt.
The tax must be filed electronically.

15/06/2023

The excessive charging of interest on a loan is known as usury. This practice involves a consumer and a financial institution, which obtains an unfair gain of money as a result of charging such high interest rates.
The Usury Law determines the nullity of loan contracts due to usury on the following grounds:

-That a "notably higher interest rate than the normal interest rate for money" is applied and that the borrower is in a distressing situation or lacks experience in this type of context.
-The loan pretends to have provided more money than is actually lent. This prevents the lender from disguising the interest to be charged as capital.

31/05/2023

The landlord is responsible for carrying out all repairs necessary to maintain the dwelling in a habitable condition. The tenant must report the need for repairs as soon as possible.

If the landlord fails to carry out repairs, the tenant may:
1. Carry out all urgent repairs to avoid imminent damage or serious discomfort. Provided that he has previously communicated the need for these repairs, he may claim the amount of the repairs from the lessor.
2. Claim extrajudicially or judicially the carrying out of the repairs or the termination of the contract.