Tax law and accounting

Solicitors specialising in tax law and accounting

From the tax planning department at Delaguia & Luzon, we assist businesses and individuals in achieving proper optimisation of their tax liabilities. This is done while strictly adhering to the law, allowing them to take advantage of offered benefits.

Our functions range from initially assessing the client’s issues to defining an action plan to achieve the best results.

Our tax strategy

Our tax planning services extend to both local and international levels.

Some of the services we offer include:

Taxation for non-residents.
Characteristics of investments in different countries.
Study and application of double taxation treaties.
Study and establish tax residency and business activity compared to various global regulations.
Planning and studying optimal financial succession or business succession structures.
Deductible expense optimisation for activities.
Detailed and customised planning according to the client’s needs.
Examination of possible application of more favourable tax regimes and incentives based on the type of activity or personal circumstances.
Defence of the taxpayer against challenges from the administration regarding such planning.

Before purchasing a property

An ideal location
Valencia is the third largest city in Spain, after Madrid and Barcelona, so choosing this city for a property investment is a strategic choice. Both for its tourist attractions and for its architecture. Therefore, it’s not only an opportunity to rent but also to buy a second home.

Legal compliance:
At Delaguia & Luzon, our experienced solicitors and legal advisors are at your disposal, whether you are looking for a foreign investment in Spain, a Spanish investment abroad or properties in Spain.

Property acquisitions are carried out in compliance with the current legislation on urban planning contracts and taxation. It is also our responsibility to anticipate any issues that may arise.

Therefore we advise you on the following procedures before an acquisition:

Reports on the legal situation before the purchase of property in Spain.
Information on urban conformity prior to investment.
Assistance and advice in notarial and administrative procedures, as well as in all matters relating to tax clearance.
Declaration of non-resident (model 210) and advice on fees and taxes from various bodies: City Council, AEAT (State Tax Administration Agency), SUMA (Regional Tax Administration Agency).
Verification of activity licences and construction of land and buildings.
Drafting of private sale and deposit contracts.

This list is not exhaustive; we tailor the legal checks and procedures to your property and personal situation.

After buying a property

Anticipate the possible issues:
Our work is based on adaptability, whether problems are unpredictable or predictable.

Thus, during the 2020 pandemic, we were able to very quickly deal with the issue of applying the “rebus sic stantibus” clause to leases in an exceptional context.

Likewise, we can confirm that the foreseeable issues posed by a property project are already being taken into consideration by our team. They will be dealt with just as quickly as unforeseen problems.

From the creation of leases to litigation:
If you plan to rent your property, it is important to know that, contrary to what is believed, it is not easy to draft a legal contract.

The drafting of such a document requires technical expertise, both in terms of law enforcement and judicial interpretation. Thanks to more than 25 years of experience, each solicitor has sufficient knowledge to deal with misinterpretations or abuses by the judge or the other party.

The services we offer are designed to provide comprehensive support, from A to Z.

After purchasing a property, we offer the following services:

Drafting of leases for residential or commercial premises.
Advice on lease contracts, legal advice and dispute resolution between landlord and tenant at the time of termination of the lease.
Attendance at meetings of co-owners and neighbours.
Legal advice on boundary conflicts (property boundaries), easements, electricity, water, usufruct, community and property conflicts, co-ownership, etc.

PROPERTY RIGHTS AND PROPERTY REGISTRATION

Real rights are the rights that a person has over a thing; they can be total or partial. They may refer to property or tenure. However, they are not limited to the latter two, as they are also required in respect of:

Establishment or denial of rights of way
Electricity.
Water supply.
Usufructs.
Co-ownership and its division.

These are just some of the areas where we can offer you our assistance and advice.

Vertical co-ownership

In France and all European Union countries, it is common to use the horizontal co-ownership scheme. In Spain, however, buildings are subject to vertical co-ownership.

It is essential to know the specificities of Spanish law in vertical co-ownership:

Differentiate between proprietary and common elements.
Identify the different standards for different buildings, within the limits allowed by law.
Continue the fight against abuses by certain co-owners.
Establish the functions of the president.
Establish the functions of the general meeting.
Establish the duties of urban property managers.

Advice on contentious and non-contentious procedures

In our law firm, we will offer you all our advice in this area, as well as the possibility of acting on your behalf in meetings if necessary.

Naturally, we are prepared to defend your interests in the event of litigation.

Do not hesitate to contact Félix de la Guía if you have any questions in this area.