Filing accounts at the Hacienda

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30 Jan 2012 12:00 AM by sleuth01 Star rating. 8 posts Send private message


I have just had more problems dealing with Spanish Accountants i thought were doing a job correctly that I paid them to do and find out subsequently they have not causing me fines

I received letters from the Agencia Tributaria sayying we had not filed out accounts for 2 years and in December the 3rd year was due for filing.  I had been sending our UK accounts to an accountant expecting this to have been dealt with.

I since find out it has not - however fortunately for me I have friends and a daughter that work in accounts and this has now been resolved and the situation wont happen again as we are now doing this ourselves - at least we know its being done right.

Trusting people in Spain and its Islands is a nightmare when you think you do things in good faith and think you are doing everything corrrectly and within the law, and then find out that professional people have let you down.

Now I have to file accounts at the Registro mercantile - this has bene done correctly via accountants but not the tax side of it - why - I have no idea and cant get any response to the question either when I asked.

Can someone advise me if we can file the UK accounts my daughter has completed for me or do they have to be formaaated into Spanish - i do know I have to take them to the Notary to be signed off and then take them to the Mercantiles for proecessing

I feel so let down by these professional people I dont trust anyone now and prefer doing things myself as at least I know it does get sorted out correctly - the time I have wasted in offices dealing with this mess is unbelievable

Does anyone know therefore if i can file the English version of these accounts so i can sort this out on my next visit within the next month or so




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30 Jan 2012 1:25 PM by johnzx Star rating in Spain. 5240 posts Send private message

Unfortunately I cannot understand what the question is.

`'Filing accounts'  could mean many things.  
If you require a specific answer you will need to explain what your tax returns were for, business, resident’s income tax, non resident’s tax etc.
However, on the general point, you cannot submit a tax return in English to the Spanish tax authorities. We are in Spain !

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30 Jan 2012 1:57 PM by sleuth01 Star rating. 8 posts Send private message

No I have now filed the self assessments with the UK tax office and Spanish Tax Offices  - what I need to know is like Companies House in UK we have to file a set of accounts at the mercantiles each year - these accounts are the same as UK as its regarding the same revenue that we file self assessments on in Spain and Uk on our villa as its under a business a Spanish SL company I need to know do we have to have the Uk accounts we get our figures off translated into Spanish to file at the mercantiles of will english version suffice - I know they have to be notarised and then they are filed just need some guidance thats all

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01 Feb 2012 2:48 AM by johnzx Star rating in Spain. 5240 posts Send private message

Sorry but it is still not clear what you asking about.


Do I guess right that this relates to taxes to be paid on a property located in Spain which owned by a company based in UK ?


A nd that you are non tax resident in Spain ?



This message was last edited by johnzx on 01/02/2012.

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01 Feb 2012 9:07 AM by sleuth01 Star rating. 8 posts Send private message

No  I have joint residency both in UK and in Spain - We have an SL company that actually manages and owns the villa we have in Spain - I file self assessments in UK and in Spain and I have to file a set of accounts at the Registro Mercantiles each year - due to Spanish accountants letting me down and not doing the self assessments correctly I have recently had to file the last 3 years self assessments which I presumed were being filed and something I was paying a Spanish Accountant to do and have since found out they were not.  A set of accounts also has to be filed against the SL Company through the Registro Mercantiles - Hacienda that owns the villa we make rental on,  It seems the accountant has been filing these accounts and doing this but omitted to do the self assessments which have resulted in me being fined for non compliance.  The filing of the self assessments we have now completed ourselves as this way I know they are being filed and done correctly.

My question is therefore do we have to have the UK accounts we complete each year translated into Spanish to file at the Registro Mercantile or can I file the UK version - these have to be notarised before they are filed cost of this is around 6 Euros and to file at Mercantiles - Hacienda costs around 54 Euros per annum

I have no other way of explaining this its not my field of experience hence I am seeking guidance here and trying to be as independent as I possibly can as I know when you buy in another country its only natural one should learn the legalities of that Country this is what I am trying to do to avoid any further fines and I cannot get the information off the internet and professional bodies let me down - and I need to get this resolved asap

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01 Feb 2012 10:04 AM by johnzx Star rating in Spain. 5240 posts Send private message

Sorry Sleuth, I have no experience in that area, however, now that you have made it more clear, maybe someone will be able to help. 
I would have thought though that you should seek profession guidance as the situation is not ‘run of the mill.’
Just in passing.
                                   I do not understand how you can have 'joint residencia' in two countries.   Using the double taxation agreements it is usually clear in which jurisdiction one has there tax liability.

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01 Feb 2012 10:17 AM by sleuth01 Star rating. 8 posts Send private message

Well we used lawyers to sort this out for us and we pay our taxes in both UK and Spain.  It was using professional people that got me fines as they did not file our self assessments in Spain resulting in fines we just filed 3 years self assessments so I now base myself on the theory that if you want anything doing do it yourself or at least learn to as then you know its done right.

Once I understand the way I file the accounts at the Hacienda i will do this myself then another job completed and no problems as I feel I am totally unable to trust anyone anymore they seem to take your money and run and at the end of the day its us that are getting the fines and our responsibility so no more will i be ripped off by so called professional bodies


Thanks for your help




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01 Feb 2012 10:26 AM by johnzx Star rating in Spain. 5240 posts Send private message


                    with all due respect to lawyers, accountants and the likes, having had 30 years professional experience as a Detective with them, and now having another 25 years experience of life in general, I tend to agree with you. There are very few whom I would choose to employ, and those few, I guess because they are at the top of their field, are a lot more expensive than the run of the mill guys.
A problem with doing it oneself is that the laws and their interpretation constantly change, thus unless one can keep abreast, they are likely to get it wrong too !!!!



This message was last edited by johnzx on 01/02/2012.

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01 Feb 2012 9:44 PM by lobin Star rating. 256 posts Send private message

 Sleuth, fiiing the tax return of the  Spanish company that owns you villa must be done in Spanish.  While the income tax for non-residents is not too complicated in the case of the typical tax payer that owns or rents his property in Spain, the income tax return of a company is much more complex and it would be rather easy to get it wrong.  By all means please get professional help.  I realize you were let down by some professionals but there are plenty of them out there that can help you sort this out.

Those are the tax filings with Hacienda (tax authorities).  A different thing is the deposit of the annual accounts (Balance Sheet, Profit and Loss Statement and Annual Report which companies must make after approval by the Annual Shareholders Meeting with the Registro Mercantil of the province where the company's registered office is located.  The accounts to be deposited must be in Spanish and must be prepared following Spanish accounting principles.  I also suggest you should get professional advice and help for this. Lack of filing does not carry a monetary fine the way tax returns do, but if you fail to deposit the accounts, the Registro Mercantil will be closed to your company and this may bring a few inconveniences to you in the future.

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05 Feb 2012 12:03 AM by gazando Star rating in Alhama de Murcia. 3 posts Send private message

I'm sorry I thought this thread was for tax information of persons working overseas and living in Spain.

I work overseas, out of the country more than 163 days in the year. I have property in Spain and am a resident, I am also paid out of Singapore.

Am I liable to pay income tax to the Spanish Government



Gaz Dundee/Costa Calida

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05 Feb 2012 1:46 AM by johnzx Star rating in Spain. 5240 posts Send private message

                                        this thread was started by a person who wanted to know about submitting tax returns (I believe) in relation to a property in Spain owned by a UK company.
Whilst I am sure EOS will not mind too much that people change the theme, it usually makes it clearer and avoids confusion, if questions on new subjects are posed as new threads.

If, as you say ‘you are resident in Spain` the 183 day rule (which is just one is just one  factor in deciding if you are tax resident) is not applicable, as you say you are tax resident in Spain.  
Unless there is a specific double taxation agreement between Spain and Singapore which says differently, then from what I understand, you are obliged by Spanish law to make your tax return in Spain. (you may be obliged even to pay tax in both countries!   it depends on the specific agreement)
(John in Penang at present)

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