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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 1301. MORTGAGE FREE! Do not forget to de-register your mortgage at the Land Registry
20 May 2015

As the Land Registry Info is what counts in the legal traffic.

You  have two options:

1.   To do nothing: in that case, the registration information will remain there for twenty years, after which the registration should automatically delete it. The charge will be showed there before third parties.

2.   To remove the mortgage record from Land Registry, so official records show a free of charges property before third parties.

Steps to be taken are as follows:

o    To request a certificate of zero balance from your Bank. Bank is obliged to provide it free if you have already paid all principal.

o    To grant a Notary deed of mortgage cancellation.

o    To fill in the form of stamp duty tax (Form 600). Mortgage cancellation is subject to tax, but exempt, so no tax cost.

o    To obtain registration of this at the Land Registry.

Contact us if you want us to remove your charge at the Land Registry

      

A landscape in Málaga, South eastern Spain, at facebook.com

 

 



Like 1        Published at 16:33   Comments (0)


Legal tip 1300. Over 65 and selling Spanish property?
18 May 2015

 It is true I have no Capital Gains Tax obligation? What are my expenses?

Yes, it is correct!  You need to be tax resident in Spain.

From 2015 on, residents in Spain are exempt of capital gains if- as always- they sell their first residency and reinvest in first residency within two years or...) and this is NEW!

 

You are over 65 years old and:

 

a)   Sell your first residency even if you do not reinvest in first residency.

 

b)   Sell any real estate asset and invest these funds in a life annuity as a complement of your pension, with a maximum limit of 240.000 Euros

 

Please contact us if you want us to send to you a FREE CALCULATION of all expenses related to selling in Spain ? 

 

Genalguacil, Málaga, South eastern Spain, at facebook.com

 



Like 0        Published at 15:08   Comments (2)


Legal tip 1299. REFUND! IRPH-entidades mortgage? refund+ no more interests
15 May 2015

You may have a right for no further interests for your Spanish mortgage debt

Oh, dear, tell me more:

Simple: Commercial Court No. 1 of San Sebastián has recently declared null and void a clause on interests in an IRPH-Entities mortgage. Bank needs to refund interests charged by this index and to  stop applying it.

AND: IMPORTANT!!:  as not having a replacement rate, the loan, which was signed for 25 years will have a zero interest, so that those affected will no longer pay interest on that  moretgage locan.  

There might be more than a million families affected by this index, why not you?

Email our Law office and we will send FREE INITIAL LEGAL APPRAISAL  you on this

The Green Throat and, to the end, Algodonales, Cádiz, South of Spain, at facebook.com

 



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Legal tip 1298. Fines for renting out my property in Spain?
14 May 2015

 I have heard there are coming fines for holiday landlords in Spain. Should I register and pay taxes when renting my Spanish house?

Yes…. Important. It seems Tax Inspectors are acting upon those individuals who, in an “opaque” way rent properties online to the tourism sector.

Inspection is also on  tourist companies that do not meet their tax obligations properly 

The Tax Office will also focus this year on the so-called ‘dual-use software’, used by certain businesses to hide sales and manipulate accounting as a step to distort their tax returns. To combat these practices, Hacienda will enhance their presential interventions in companies and will act through a nationally coordinated plan, which will be specially focused on those economic sectors with direct sales to final consumers.

So, if you have a property you rent in Spain through tourism channels, it is necessary that you check on legal and tax obligations. Tax obligations are uniform along the country but legal obligations vary from region to region.

We, at CostaLuz, can perform a free initial advice to you on your legal needs; you just need to contact us. 

Salares, Axarquía, Málaga, South eastern Spain, at facebook.com



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Legal tip 1297. USA banks deleting debt records, are Spain´s too?
12 May 2015

From the New York Times last week:

Two of the nation’s biggest banks will finally put to rest the zombies of consumer debt — bills that are still alive on credit reports although legally eliminated in bankruptcy — potentially providing relief to more than a million Americans.

Bank of America and JPMorgan Chase have agreed to update borrowers’ credit reports within the next three months to reflect that the debts were extinguished.

The move is a victory for borrowers whose credit reports have been marred as a result of the reported debts, imperiling their job prospects and torpedoing their chances of getting new loans.

 These two banks (and several others) were sued for ignoring bankruptcy discharges so that they could sell off consumers’ debt and enable the debt buyers to make a profit because the consumers, facing marks against their credit score, had an incentive to pay off the debts even though they no longer legally owed them.

You can read the article at the NYT here

If you settled a Bank debt on your Spanish mortgage or even if the debt is being discussed -- in Courts or Out of Courts- with the Bank,  you have rights in Spain to have it deleted. You can read more on this recent post of us:

http://www.eyeonspain.com/blogs/costaluz/14803/legal-tip-1292-what-if-i-am-included-in-a-debt-registry-in-spain.aspx

And of course, send a e-consulta  ;) to Costaluz if you are experiencing a problem with Debt Agencies.

A field in Alhama of Granada (south eastern Spain), in Spring, at facebook.com



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Legal tip 1296. Should I grant a new Spanish Will?
11 May 2015

What is all that about European Inheritance Law being compulsory from August´15 on?  Do I need to grant a new will for my Spanish assets?

Not always. Do not panic.

Read below:
 

EU Regulation passed in 2012 (650/2012, also knows as Brussels IV) brought simplicity and easiness to international inheritances. For:

 

1.   Every succession to be treated under a single Law and by one authority.

 

2.   Citizens to choose between law of residency and law of nationality for their inheritance affairs.

 

3.    Creation of the European Certificate of Succession

 

SOME IMPORTANT IDEAS TO CLEAR YOUR MIND:

 

  • It does not imply, in any sense, the alteration of the substantive National inheritance Law of every European Country.

 

  •  Matters such as who are inheritors, or how taxes apply are not impacted in any way by this new European regulation.

 

  • This regulation also creates the European Certificate of Succession, which will facilitate the proving of status and rights as heir/ administrator of the estate/ executor of will. This certificate will be issued by the country where the deceased had habitual residency and will provide proof of entitlement in the estate to all signatory countries.

 

 These rules will obligatorily, by virtue of Law apply to all persons dying after 17th of August 2015 so it is important that you make the necessary preventive changes in your will before that date. 

 

You can use this new regulation and choose Nationality Law now, always provided you perform the change according to rules set up in the regulation/ applicable private International Law.

 

Residency status is determined by facts: duration and regularity of the deceased´s presence in the country. Residency requires close and stable connection with the specific country.

 

UK, Ireland and Denmark  did not sign the regulation but,  any

 

UK national   having habitual residency in Spain and with Estate assets just in Spain is forwarded by UK Law to Spain.

 

Spanish Courts might understand that the Spanish assets needs to be under Spain Law by virtue of Brussels IV; so, 

 

if they want their national succession Law to be applied to their whole estate,

 

they need to:

 

grant a new will stating this. 

 

If they had assets in the UK, Ireland or Denmark a grant of probate will be obviously necessary to administer the UK, Ireland or Denmark assets.

 

If you or any of your friends want us to perform an initial free appraisal of the need to grant a new will, you can let us know

Bubión, Las Alpujarras, Granada, South eastern Spain, at facebook.com

 



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