Our work focuses on advising businesses based in Mallorca or Barcelona and individuals who have their residence on Mallorca or the Spanish mainland or are in some other way connected to Spain and need legal advice or representation in Spain. Porta & Associates can assist you in for example the sale or purchase of real estate, in inheritance matters, with all sorts of civil law agreements such as rental agreements or employment agreements. Porta & Associates advises for example on Company and Real Estate law and much more.
If you are an entrepreneur, Porta & Associates can support you, for example, to set up a new business in Mallorca or Catalonia. Once Porta & Associates incorporated the company for you, Porta & Associates can provide all legal, tax and accounting advice and services that are required by Spanish law and can continue to assist you with legal commercial issues.
Porta & Associates also can provide and assist you with licensing or franchise agreements or any other Intellectual Property issue such as the registration of your Trademarks at the Spanish Trademark Registry or arrange a European or international registration for you. Yacht- and boat owners can rely on competent advice on Spanish Maritime and Contract law.
Spain has some very strict laws against money laundering and financing of terrorists.
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.
Any foreigner wishing to take legal action in Spain, to inherit a property, to found a company, to buy a property or otherwise engage in any activity requires the so-called NIE (número de identificación del extranjero).
