Ask A Spanish Lawyer – FAQ’s & Tips

We all ask questions in groups and forums regarding residency in Spain, buying and selling a Spanish property, making a will in Spain, how to handle taxes, and more.  These are questions sometimes best answered by a Spanish lawyer, to be sure you are getting the right answer.  Below we have several frequently asked questions, with links to the detailed answers from a local Spanish solicitor.  Please bookmark this page, as we will continue to add more as time goes by.

A Spanish Lawyer answers your frequent questions (buying or selling a property in Spain, types of residency in Spain, Taxes in Spain & more). Read more on Almunecarinfo.com

What are some tips for buying a property in Spain?

If you have a dream of buying a Spanish property you will want to read this post.  You will read about the top tips from a seasoned lawyer in Spain.  These will certainly help you with the process of buying a property in Spain.

If you have a dream of buying a property in Spain, you will want to read this post.  These are the top tips from a seasoned lawyer in Spain and they are here to help you with the process. Read more on AlmunecarInfo.com

What expenses can I declare for the non-resident rental tax return (Form 210)?

When you rent out a property as a holiday home or even for a long term let, you will have the obligation to file a quarterly declaration.  That is to say, declaring the rental corresponding to those three months, calculated by subtracting the legally deductible expenses from the income figure.  Therefore, it is presented quarterly, normally it results in having to pay tax.

You must bear in mind that the law does not issue a detailed list of the deductible expenses, it only states the following:

“All the expenses that are necessary to achieve a profit”

Therefore, we are dependent on the “Interpretation of the law”.  Read more about the claiming expenses on the tax return.

What expenses can I declare for the non-resident rental tax return (form 210)?

Am I a Resident, Tax Resident, Non-Resident, or Non-Tax Resident?

There is so much confusion about residency in Spain.  People often don’t understand if they are a Resident, Tax Resident, or Non-Tax Resident.  This is especially true for those citizens within the EU who can travel and reside in the EU countries freely and sometimes for the Non-EU citizens too.  Read more about the types of residency in Spain.

There is so much confusion about residency in Spain.  People often don't understand if they are a Resident, Tax Resident, or Non- Tax Resident.  This is especially true for those citizens within the EU who can travel  and reside in the EU countries freely and sometimes for the Non-EU citizens too. Read more on AlmunecarInfo.com

When I sell a property in Spain, should I do a draft or transfer?

When I sell my property in Spain, should I do a bank draft or transfer of funds?  Without a doubt, this is one of the most frequent questions that our clients ask, and it is also one of the questions most addressed on the expat sites, or international groups on Facebook.

Here are opinions and recommendations with regard to this question in detail about obtaining payment when selling a property in Spain.

Selling a property in Spain! Which is better a bank draft or transfer?

Why should I have a Spanish lawyer when selling a property in Spain?

When selling a property in Spain, it is always a good idea to have a Spanish lawyer by your side.  It is good to have someone there representing your interests and not involved or benefit from the sale, like an agent.  “Lawyers are cheapest before there is a problem, to help you avoid having a problem.”  Read more detailed information on how a lawyer can help guide you through the process of selling a property in Spain.

Selling a property in Spain? Should you have a lawyer help you?

Should I make a Will in Spain?

A new law came into force in Spain in 2015, stating all non-Spanish owners of properties in Spain (residents or non-residents), should make a Spanish Will ASAP.  In fact, having a property in Spain without making a Will can be very risky.  Ultimately a costly decision for you and your legal heirs. Why?  We have all of the details about why you should make a will in Spain for all Spanish property owners.

making a will in Spain for all foreigner's owning a property in Spain. Read more on Almunecarinfo.com

Can someone help me translate some Spanish legal documents?

Are you having trouble understanding the Spanish legal documents that were sent to you?  Perhaps you are new to the area and are just getting settled or maybe you’ve been here a while.  Either way, once in a while you may be sent an email or a letter and the online translation to English just doesn’t make sense.  Wouldn’t it be nice to have a lawyer take a quick look for free and let you know if there is action needed or if it is just a standard notification letter?

Did you receive some Spanish Legal Documents and having trouble understanding them? AF Consulting Law is offering a free review service to let you know if there is action needed. Read more on Almunecarinfo.com

What should UK Citizens in Spain know post Brexit?

As of January 1, 2021, things changed for UK citizens in Spain.  With regard to your driving license, the general regulations will apply and the permits issued by the British authorities will allow you to drive in Spain for six months, from the date of entry into Spain or from the date of obtaining legal residence.  We also have more information about residency, travel, and voting in Spain, read more about post Brexit.

What UK citizens need to know post Brexit in Spain. Driver's license, Voting, Spanish residency and Travel.

Questions about a digital certificate?

Our local lawyer helps answer some of the most common questions we have as foreigners in Spain.  This topic is going to cover the digital certificate Spain! He can get one for you.

What if my question wasn’t answered?

If you still have questions, please feel free to reach out to Fran directly and ask your question.  Contact AF Consulting Lawyers.

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Heidi in Spain

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Heidi is passionate about travel (50+ countries) and has experienced the world with her family. In Aug 2012, they left the “perfect American life”, quit their jobs, sold their belongings and moved to Almuñécar. She likes to share all of her favorites things about the area, as well as practical information too. You may also view her travel blog, Wagoners Abroad, at https://wagonersabroad.com

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