Welcome to Porta & Associates, your lawyers in regards to all legal questions related to Mallorca, Barcelona, Spain, the Netherlands, Germany and international law.
By advising you, we always keep in mind our slogan "Better safe than sorry", meaning that we help you to avoid problems and solve legal disputes before they even happen, so it does not come to a costly legal trial. But even if you already have discovered a legal issue on your own, we are more than happy to provide our services to you to solve it for you.
One of the fundamental and important parts of Real Estate Law in Mallorca or Catalonia is the purchase and sale of houses, apartments or other real estate. In Spain there are some peculiarities you should pay close attention to, and therefore a good and competent advice when buying a property in Mallorca or Barcelona is essential.
In Spain it is easier to set up a limited liability company, Ltd. (Sociedad Limitada, SL) than in Germany or the Netherlands for example. Amongst others, the following steps are required: Application for a Spanish tax number for all shareholders and managing directors (NIE or CIF), name request for the denomination of the company to the national trade register, establishment of a Spanish bank account for the company paying the seed capital, application for a provisional tax number for the company, creation of the Memorandum and Articles of incorporation, incorporation of the company before a notary, registration of the company in the commercial register and application for the final tax number.
If you own a property in Mallorca and you want to start a holiday rental or if you are an intermediary of such properties, you have to fulfil various requirements. Those became more complicated in 2017 with the last revision of statute in this area. Fines up to 40.000 or 400.000 € are possible.
Inheritances are a complicated matter. Inheritances in Mallorca which may be subject to Spanish law and are handled in a foreign language, are even more complicated. Therefore, it is highly advisable and recommendable to seek professional advice.
To avoid complications in case of inheritance, you should prevent risks as early as possible regarding your inheritance. Sometimes it can be financially better for your heirs to donate or sell any property or fortune during life time to them.
Our firm can advise you on any kind of Spanish tax matter or cross-border tax issue such as the Spanish taxation of your company taxed on Impuestos Sociedades (Corporate income tax), your personal income tax (IRPF), autónomo tax declarations (IVA and IRPF) and provide complete tax services to prepare and file quarterly and annual tax declarations for companies, autónomos and individuals. We also advise on Spanish Real estate tax, Property Transfer Tax (ITP), VAT issues (IVA) and inheritance and donation tax for Spanish Tax Residents and Non residents.