¿Quien es Esders?




Send Esders a private message


Oh dear, this member hasn't provided any information yet.

Esders's latest forum comments


14 Sep 2011 12:46 PM:

norm de plume,

Good point. The Inheritance tax rules have gradually been changing over the last few years and I suspect that you are right that they will change to be more equal in the near future - after all, we only have to look at what happened with Capital Gains Tax! Good luck with your complaint and keep us posted.

Peter Esders

Chebsey & Co



Thread: Purchasing a property with a UK company

--------------------------------------
14 Sep 2011 12:02 PM:

 kev2006n,

The reason why I decided to post on this subject is because it is a subject that winds me up. I have seen too many people take bad advice on this and end up with situations which are not appropriate, which has ended up costing them money. I have also seen too many people encouraged to go down the company route when the main people to benefit from that advice are the people who charge for running the companies rather than the buyers. I am not generally a fan of company ownership or people who blanket encourage company ownership.

I am not sure what you are driving at with the A Place in The Sun comments. I didn't mention A Place In The Sun in my post and deliberately stayed away from mentioning them in my previous post. However, now that the subject has been raised I would like to clarify some confusion. Wincham entered the AIPP Awards, which were awarded at the A Place in the Sun Live exhibition. The awards were not A Place in The Sun Awards althoughh APITS did support them. The previous post may give the wrong impression and it is important that the correct situation is explained. Yes, I have been quoted in A Place in the Sun on various occassions. I also helped judge the AIPP Awards. I don't think that either of these facts have any relevance to the original question - hence why I didn't mention them before.

Peter Esders

Chebsey & Co.



Thread: Purchasing a property with a UK company

--------------------------------------
14 Sep 2011 11:02 AM:

I have been reading Eye on Spain for a long time but haven't posted before so "Hi".

First things first - cards on the table. I am an English Lawyer who has been dealing with Spanish Law for over 17 years. I have helped many people buy and sell properties and have advised them on which is the best form of ownership for them. I thought it was important to mention that so that everybody knows who I am and that there is accusations of secret agendas.

I beleive that the form of ownership is one of the most important decisions that you can make when buying a property abroad (Spain or elsewhere). Getting this wrong can cost you thousands of pounds in extra tax or costs. However, there is no "one size fits all" as everybody's circumstances are different. I have advised some clients to buy inthe name of UK companies. I have also advised some clients that that is the worst thing that they could do. It is important to look at the circumstances of the case and the impact both in Spain and the UK in terms of taxes and costs. You need to look at what you are trying to acheive, your timescales, your personal circumstances and also your inherutance wishes.

Buying through a UK company does have its advantages - mainly in terms of Inheritance tax and capital gains tax in Spain. A UK company will also normally be excempt from the 3% Special tax on foreign company ownership in Spain. However, you need to balance this against the cost of running the company each year. In many cases the tax savings can be acheived (or at least significantly reduced) in other ways. It is important to balance out all the options and then work out which is the most cost effective. In some cases I have seen that the cost of running the company for many years outweighs the tax savings!

It is also important to remember that not everybody wants to buy in the name of a company. If you do it can be disadvantageous for the company to sell the property when you want to dispose of the property rather than you selling the company (which in turn owns the property). It would be interesting to see whether the seller in this case would be willing to have the company sell the property rather than to sell the company. If he isn't then he is going to limit the number of potential buyers he can reach. This would also be a problem for the new buyer if they bought the company. Ask the question and report back to us - I would be interested to know as I have had purchases fall through because of this.

Companies can make sense for some people but not everybody. I tend to like to keep things simple as that way people understand what is happening and any future buyers can as well. I tend to use companies for clients buying higher value properties rather than the sort thatt the average man in the street would buy.

The main message is that each person's circumstances are different so what is right fro one may not be right for another.

Peter Esders

Chebsey & Co

 



Thread: Purchasing a property with a UK company

--------------------------------------

Communities Esders has joined


Esders' blogs


Esders's rentals

Esders's properties for sale


Spain insurance services


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x