Tax Consultancy For Private Clients – Non-Resident Or Residents

Tax Consultancy For Private Clients – Non-Resident Or Residents

You get help from us to abide by and fulfil your tax obligations so that you have complete peace of mind leaving in our hand your tax obligations, and entrusting us preparing your tax returns. You may count on Konsell, a Firm fully experienced in the application of double taxation avoidance agreements (DTT) to many cases, getting refunds from unduly paid taxes abroad for you, and helping you to make the best in your tax position.

You may also get support from Konsell to advise or even help you managing you family-owned assets/ businesses, guide you through mercantile restructuration processes to bring about the higher profits and lessen the tax obligations, always above the board.

You and your family can count on our tax team expertise to get proper asset management counsel, to optimize tax efficiency, to leave your wealth to your offspring, and let the new generations continue your legacy.

You maybe want and decide to be assisted by Konsell with:

When do you become a tax resident in Spain and what would that entail?  Residency is a matter of many legal tax disputes, we are expert in this international matter and we can help you get some clarity and advise on it.

Once you get this tax resident position, likely most of all your worldwide income will come under Spanish Tax jurisdiction, regardless where and how they are generated, almost all sources of income, including capital gains, interests, salaries, retirement pensions, rentals, etc.

Usually the first, or transition year, of your moving into Spain, will involve your previous country of residency´s tax system application as well, you will have to match the periods and amounts earned. You may be thoroughly assisted by our well trained and experts on international taxation team. They will support you and your tax advisor in your country of origin, to file your returns in a very precise right way.

Regardless you may be tax resident in another country, when deciding to hold a property in Spain, developing some economic activities, even temporary, like leasing your property or doing some kind of business here which entail generating income, you will need to attend quite a bit tax obligations in Spain.

You may count on Konsell to let you know, in your specific case, the ways to file your returns and amounts to pay for your tax obligations. You will be aware of your tax liabilities in terms of schedules, formularies, concepts and figures, etc, without incurring on errors leading to surcharges or penalties. Generally speaking, many citizens abroad just pay their taxes on line without further complications. Not the case in Spain where the system and nuances to be considered can easily lead you astray.

To make it more a bit more complex, you need to bear in mind that the tax system is also affected in different areas by diverse regulations in our country.  You can also be affected by VAT, Inheritance and donation tax, transfer tax in certain circumstances. Therefore, make it easy for you and count on us.

This is a special Spanish tax regime for expats, which could be of great interest for you, as the taxation rate would be just for 24%  up to 600.000 Euros, when progressive general tax regime scale can reach up to 43 % on your worldwide income.

This would be available provided you meet the requirements and plan in advance to apply for it.  Konsell will help you to fully understand and decide about it, along with the applications and follow up of the process

Private individuals acquiring tax residence in Spain as a result of their transfer into this country can opt to pay non-Residents Personal Income Tax, whilst maintaining their status as Personal Income Tax taxpayers during the tax period in which the change in residence takes place and during the following five tax period, when, in the terms established by tax regulations, the applicable conditions are met.

You are surely aware of the economical and family transcendence of your planning in this subject. This is obviously a matter you cannot leave unattended when you want an efficient, smooth and seamless passing down of your legacy to your dearest ones.

Getting a tailored Spanish Wills to match your needs is of the essence, even if you only own a property in our country or a few assets, let alone if you want to protect a medium size life earned business, savings or any other well-deserved wealth.

Konsell always recommend our foreign clients to have a Spanish Will in place, to cover those assets located in our country which must be compatible and adapted to our clients´ main Wills in their country of origin, or even a third country, where they might hold some other interests.

Avoiding conflicts of law is a field of expertise of our tax and legal team members, as we examine several jurisdictions rules, and we are ready and willing to help you answering your queries and letting you make the best decision.

We have encountered throughout the years that Estate Planning and Inheritance arrangements made well in advance can save may thousands in taxes, reducing the very high rates prevailing in many areas of Spain. We can assist you and deal with your assets being present in several jurisdictions, in liaison with your tax and legal advisor there.

Transnational succession and inheritance cases are something we have been working for some years, considering different jurisdictions´ rules and making the best for our client. This can be best achieved when the holder of the assets can be advised and follow a proper strategy as a grantor, whether in life or afterwards, but if there is not that option available, the beneficiaries can still get some light and advantages.

We do count with the assistance of a whole extensive tax a legal network of cooperation present in more than 80 countries, AEA, which is really appreciated by our international clients, as well as local ones, when linked to a second or third country.

When you acquire your property in Spain you should be paying whether VAT, at different rates if the property is new built or under other specific circumstances. If it is second hand you would pay transfer tax, but if you buy it through some companies you could save it. 

Later you would be paying Council Tax every year, as a local tax, and also, yearly as well, your non-resident tax if you hold that tax position, or deemed income tax, when you are resident, even when you are not making any use of it yourself, or rental income tax for the periods of your putting it on lease.

When you sale or donate you property, there would be potential capital gains, and you would have to pay for them or demonstrate that there were not such gains. If you are a non-resident, you will be withheld a 3% on the price you receive, but maybe you have the right to get a refund of it, if not all, maybe much of it. 

Therefore, you may see there are many occasions and situation to save your good money by receiving proper advise and devising a tax strategy is worthwhile.

You may find yourself in an indistinct tax position according to which your tax position as a resident can be established to apparently be linked to two or even more countries.  This can be easily the outcome of your personal or business activities and interests’ developments.

Our tax team is fully specialized in this area of tax knowledge up to date in many nuances of the tax law, international disputes and Double Taxation avoidance Treaties´ interpretation and application.

Establishing your tax residency is of the essence as most of your sources of income will be subject to that jurisdiction along with any other tax formal obligations.  Spain is not precisely a low taxation jurisdiction.

You may count on Konsell to help you with this pivotal issue.

One of the more dramatic consequences of a change of residency are capital gains generated when some clients have liquidated some assets, including but not only properties, stocks, etc, and made good profits just before their planned move to Spain. This can be a critical moment that should be studied well in advance as the potential taxation of these sometimes high earnings.

We have helped out many clients to do it in a tax wise way, so that they saved many thousands in the process where an intelligent compliant strategy had been implemented.

Image rights structures have been around for a number of years and their use has increased considerably. At a basic level an individual will assign or licence the right to exploit their image to a company. That company will then exploit the rights by entering into contracts with others. Depending upon the jurisdiction in which the company is located, the status of the individual and the contractual arrangements the profit generated by the company may then be taxed at a reduced rate or not at all. The tax savings can, therefore, be considerable.

Tackling tax avoidance and evasion is amongst the political priorities in the EU, with a view to creating a deeper and fairer single market. In this context, the European Commission (EC) has presented in recent years a number of initiatives in order to promote a fairer tax system. Enhancing transparency is one of the key pillars in the EC’s strategy to combat tax avoidance and evasion.

In particular the exchange of information between tax administrations is crucial in order to provide them with the necessary information to exercise their duties efficiently.

You may expect or even have already received a notice from Spanish Hacienda or some other Spanish Tax Offices letting you know they decided to know more about your tax position and activities, opening a reduced or full tax investigation.  You should better take the assistance of a good tax and legal advisor in Konsell, in order to prevent further issues and even to defend you in a potential dispute about these matters with the Tax man. 

Some of our clients got to Konsell when they were in this plight and many of them were really satisfied with the defence they received.  We negotiate with the tax inspectors to avoid misinterpretation of our client’s position and activities and saving them months of hardship and money expend in a long procedure.Where that is not possible, we take cases to Court and many times we have defeated the different tax administrations, obliging them to refund our clients and pay even compensations on the interests legally accrued.

Tax inspections take place not only for resident but more and more for potential residents amongst non-residents, usually developing personal or business activities in Spain.

We are qualified tax advisors, lawyers, economists, accountants, all of  us acquainted with several jurisdictions and international clients.

Once a claim from any of the different tax offices in Spain, whether national, regional or local, gets to you or your relatives, you should immediately react as time is of the essence. You need to get the assistance of specialists to preserve your interests.

Along the years we have fought many claims in front of different tax offices, tax supervisors’ offices, administrative Courts, and even the Regional Counsel of Tax courts.

Gibraltar is a place with a very special tax regime that due to our international tax orientation and even by physical proximity we know very well.   Any international tax matter linked to this distinct tax jurisdiction should be carefully dealt with by experts. You may find quite a bit of cross border tax issues for those working in Gibraltar and living in Spain. Do consult us !