Konsell

KONSELL

For Private Clients

TRUST / EXCELLENCE/ PEOPLE

Whether you are exploring real estate investments, navigating the complexities of Spanish tax obligations, or in need of personalized legal guidance for personal or family matters, our team stands ready to support you.

With an in-depth understanding of the challenges that foreigners encounter in Spain, we deliver expert advice to ensure that your investments and interests are managed both efficiently and in compliance with local regulations. Our commitment is to provide you with peace of mind through strategic solutions tailored to your individual goals in Spain.

Real Estate – Property – Town Planning & Urbanism – Lease

Over the years, we’ve encountered clients who initially relied solely on real estate agencies for paperwork, seeking to save on costs. Unfortunately, this often led to insufficient legal and tax advice. Subsequently, many found themselves paying triple the amount they thought they had saved when complications arose with the agreement or from town planning regulations. Not to mention tax implications they completely forgot or simply ignored !!

Konsell specializes in Property Law, Town Planning and Urbanism, serving as your independent legal and tax advisors dedicated solely to protecting your interests.

We provide comprehensive advice and support on a wide array of real estate matters, including:

  • Purchasing residential and commercial properties
  • Negotiating leases and other contracts
  • Addressing Town Planning and Urbanism issues, as well as investments
  • Managing Urbanistic Projects, Compensation Boards, and Planning execution issues
  • Assisting with Homeowners’ associations
  • Resolving Landlord-tenant disputes, including litigation
  • Handling Environmental Issues and Inspections

Tax Consultancy For Private Clients – Non-Resident Or Residents

Ensure peace of mind by entrusting your tax obligations to us. With Konsell’s expertise in navigating double taxation avoidance agreements (DTTs) and securing refunds for taxes unnecessarily paid abroad, you can trust us to optimize your tax position effectively.

Konsell excels in advising on and managing family-owned assets and businesses, guiding you through mercantile restructuring processes for enhanced profitability while minimizing tax liabilities legally and ethically.

Our tax team is equipped to provide your family with expert asset management advice, aiming for optimal tax efficiency and securing your wealth for future generations.

Konsell can properly advise you, upon making an appointment with our tax team. We can offer you assistance with the following items, which we can summarize/simplify as:

Income Tax for residents

Let us take the burden of your tax obligations off your shoulders, giving you complete peace of mind. With Konsell’s expertise in leveraging double taxation avoidance agreements (DTAs) and securing refunds for unnecessarily paid taxes abroad, you can trust us to optimize your tax position to your best advantage.

Konsell offers comprehensive advice and assistance in managing your family-owned assets and businesses. We can guide you through the process of mercantile restructuring to increase profits and reduce tax liabilities in a lawful and proper manner.

Rely on our tax team’s expertise for sound asset management advice aimed at enhancing tax efficiency and preserving your wealth for future generations.
Navigating Global Income Taxation as a Spanish Resident
Upon obtaining tax residency status in Spain, it is important to understand that most, if not all, of your worldwide income will be subject to Spanish taxation. This includes all sources of income such as capital gains, interest, salaries, retirement pensions, rentals, and more, regardless of where and how they are generated.

The first year, or transition period, of your move to Spain is particularly crucial as it may involve the tax system of your previous country of residency. You will need to align the periods and amounts earned accurately. Our internationally trained taxation experts are here to provide you with support. They will work alongside your tax advisor in your country of origin to ensure your tax returns are filed correctly and precisely.

How Konsell Can Assist:

  • Application of Double Taxation Avoidance Agreements (DTAs)
  • Refunds for Taxes Paid Abroad Unnecessarily
  • Management of Family-Owned Assets/Businesses
  • Mercantile Restructuring for Profit Maximization and Tax Reduction
  • Asset Management and Tax Efficiency Advice
  • Assistance with Worldwide Income Tax Obligations Under Spanish Jurisdiction
  • Guidance Through the Transition Year Tax Obligations

CONTACT

Non-Resident Income Tax

If you are a tax resident of another country but own property in Spain, engage in economic activities, or generate income through leasing your property or conducting business here, you will face significant taxation issues within Spain.

Konsell is dedicated to guiding you through the optimal methods for filing your tax returns and determining the appropriate amounts to fulfill your tax obligations. We ensure you are fully informed about your tax liabilities, including schedules, formulas, concepts, and figures, to avoid any mistakes that could result in surcharges or penalties. While many international taxpayers manage their obligations online without issue, Spain’s complex tax system, with its nuances and potential for misunderstandings, necessitates careful navigation.

Furthermore, Spain’s tax system varies significantly across different regions, adding another layer of complexity. You may also encounter VAT, inheritance and donation tax, and transfer tax under certain conditions. Simplify your tax management by allowing us to provide the support and expertise you need.

CONTACT

BECKHAM RULE: SPECIAL TAX REGIME FOR EXPATRIATES

This unique tax regime in Spain offers a potentially advantageous option for expatriates, setting the taxation rate at 24% for incomes up to €600,000. This is in contrast to the progressive rates of the general tax system, which can escalate up to 43% on worldwide income.

Eligibility for this regime requires meeting specific criteria and proactive planning for its application. You need to timely apply for this special tax regime, before meeting the deadline of 6 months since your arrival in Spain.

Konsell is here to assist you in understanding whether this option suits your circumstances, managing the application process, and ensuring all steps are followed correctly.

Individuals who acquire tax residency in Spain due to relocating here by their companies abroad, or being a digital nomad, or creating and directing their own company in Spain, can choose to be taxed under the Non-Residents Personal Income Tax system while still being considered as Personal Income Tax taxpayers.

This applies for the tax period during which residency changes and for the subsequent five tax periods, provided all the requirements set by tax regulations are fulfilled.

CONTACT

Property Tax in Spain

Upon purchasing property in Spain, you will encounter VAT obligations, which vary depending on whether the property is new or not. For second-hand properties, a transfer tax applies, though certain transactions conducted through companies may offer exemptions from this tax.

As a property owner, you will be responsible for an annual Council Tax, a local levy, and, if you are a non-resident, you will also need to pay a non-resident tax annually. This tax is considered a form of income tax, applicable even if you do not personally use the property. Additionally, income tax is due for any periods the property is leased.

Upon selling or donating your property, you may incur capital gains tax, which necessitates payment or proof of no gains. For non-residents, a 3% withholding tax is applied to the sale price, though it is possible to claim a refund for some or all of this amount under certain conditions.

Seeking expert advice and formulating an effective tax strategy can provide significant savings and ensure compliance with Spain’s tax regulations.

CONTACT

Resolving Tax residency conflicts

It’s possible to encounter situations where your tax residency status appears ambiguous, potentially linking you to two or more countries. This complexity can arise from personal or business activities conducted across borders.

Our tax team excels in navigating the intricacies of tax laws, international disputes, and the interpretation and application of Double Taxation Avoidance Treaties. Understanding and establishing your tax residency is crucial, as it determines the jurisdiction under which most of your income and other tax liabilities fall. It is important to note that Spain is considered a high-tax jurisdiction.

Konsell is here to assist you in addressing this critical issue, ensuring your tax residency is clearly defined and compliant with international standards.

CONTACT

CAPITAL GAINS TAX UPON CHANGING RESIDENCY

A significant consequence of changing residency can be the capital gains incurred from liquidating assets, such as properties and stocks, particularly when these sales yield considerable profits shortly before moving to Spain. This critical juncture requires advanced planning to effectively manage the potential tax implications of these, at times, substantial amounts.

Our expertise has enabled numerous clients to navigate this process in a tax-efficient manner, leveraging compliant strategies that have resulted in substantial savings.

This proactive approach ensures that you are well-prepared for the financial implications of your relocation to Spain, optimizing your tax position while adhering to all legal requirements.

CONTACT

Image rights

Image rights arrangements have become increasingly popular over the years. Essentially, an individual assigns or licenses the right to use their image to a company. This company then leverages these rights by entering into agreements with third parties. The taxation on the profits generated by these activities can vary significantly depending on the company’s location, the individual’s status, and the specific terms of the contracts involved. In some cases, the profits may be subject to a reduced tax rate or may not be taxed at all, leading to potentially significant tax savings.

This approach to managing image rights highlights the importance of strategic planning and understanding the tax implications in different jurisdictions.

CONTACT

International Tax disclosure

Addressing tax avoidance and evasion remains a top political priority within the European Union (EU), aimed at fostering a deeper and more equitable single market. In line with this objective, the European Commission (EC) has introduced several initiatives in recent years designed to promote a more just tax system. A central element of the EC’s strategy involves enhancing transparency, which is pivotal in combating tax avoidance and evasion.

Crucially, the exchange of information between tax administrations plays a vital role. It equips them with essential data to perform their duties effectively, ensuring a fairer tax environment across the EU. This collaborative effort underscores the commitment to a transparent, efficient, and equitable tax system.

CONTACT

Spanish Tax Inspections and Investigation

If you have received or are anticipating a notification from the Spanish Tax Authority (Hacienda) or any other Spanish tax offices indicating an interest in scrutinizing your tax affairs through a partial or full tax investigation, it is imperative to consult with Konsell asap. Early engagement with our team can help prevent additional complications and, if needed, robustly defend your interests in disputes with the tax authorities.

Many clients have turned to Konsell under these circumstances and have been exceptionally satisfied with the defense provided. Our strategy involves negotiating with tax inspectors to clarify any misconceptions regarding our clients’ positions and activities, thereby averting the stress and financial burden of prolonged procedures. When negotiation proves unfeasible, we are prepared to escalate matters to court. Our track record includes numerous victories against various tax administrations, securing refunds for our clients and, in some instances, obtaining compensation for legally accrued interest.

It’s important to note that tax inspections target not only current residents but increasingly those considered potential residents, often involved in personal or business endeavors in Spain.

Our team comprises seasoned tax advisors, lawyers, economists, and accountants, all experienced in navigating multiple jurisdictions and serving international clients.

CONTACT

Tax Litigation, appeals, and remedies

Upon receiving a claim from any of Spain’s tax authorities, be they national, regional, or local, immediate action is crucial. Time is of the essence in these matters, and securing specialist assistance is key to safeguarding your interests or those of your relatives.

Over the years, we have successfully contested numerous claims before various tax offices, tax supervisors’ offices, administrative courts, including the Regional Council of Tax Courts, and up to the High Court of Spain (Tribunal Supremo). Our extensive experience across these diverse forums ensures comprehensive protection and advocacy for your tax-related concerns.

CONTACT

Gibraltar

Gibraltar boasts a unique tax regime that, due to our firm’s focus on international tax matters and our geographical proximity, we understand intimately. Navigating any international tax concerns associated with this distinct jurisdiction requires expert handling. Individuals working in Gibraltar while residing in Spain often encounter numerous cross-border tax issues. We strongly encourage you to consult with us for guidance and expert advice on these matters.

CONTACT

Relocation And Residency – Golden Visas – Reuniting Families – Citizenship

Relocating to Spain, whether from within or outside the European Union, becomes streamlined with our expert team’s support. We aim to simplify the process as much as possible within our bureaucratic system. Whether you’re looking for a rental property or interested in purchasing real estate, bringing your car, enrolling your children in school, or navigating healthcare services, we’re here to assist every step of the way.

If you’re considering obtaining Spanish residency or even citizenship, several options are available to you:

The Spanish Golden Visa program, introduced a few years ago, is designed to facilitate the acquisition of Spanish residency for foreign nationals through various means. The most well-known pathway is through an investment of €500,000 in real estate or in qualified financial investments, intended to stimulate business and investment in Spain, particularly in real estate and specific financial assets.

To learn more about the process and how we can assist you in achieving your goals, please contact us.

Cross Border Matters / Advisory/ Claims

CONFLICT OF LAWS AND INTERNATIONAL PRIVATE LAW

International clients with interests in Spain often overlook the impact that Spanish Courts and Law can have on their personal, family, and business matters. It is sometimes beneficial to seek advice on structuring your affairs to favor or avoid certain jurisdictions, thereby leveraging opportunities and circumventing disadvantages.

This advice is crucial for individuals, families, and companies dealing with inheritance, succession, investments, among other areas. We strongly advise obtaining specialized guidance. Our team is comprised of experts well-versed in these intricate matters.
CONTACT

INTERNATIONAL TAX

It’s important to understand how your personal, family, and business decisions can significantly influence your tax liabilities and income. A deeper comprehension of international tax matters can lead to substantial tax savings. Proper tax consultation could potentially save you hundreds or thousands of Euros, Pounds Sterling, or Dollars.

Familiarize yourself with how Spanish tax regulations apply to tax residents and non-residents, and how the implementation of International Tax Treaties may impact your activities in Spain or abroad.

Private Estate Planning + Crossborder Sucessions + Wills

Tailoring Spanish Wills to your specific needs is crucial, whether you own just a property or a few assets in Spain, or if you’re looking to safeguard a medium-sized business, savings, or other significant wealth. Konsell strongly advises our international clients to establish a Spanish Will for assets within Spain. This ensures compatibility and adaptation with your primary Wills in your home country or any third country where you may have additional interests.

Our tax and legal team specializes in avoiding conflicts of law by carefully analyzing the rules of multiple jurisdictions. We are committed to providing you with the necessary guidance to make informed decisions.

Our experience has shown that proactive Estate Planning and Inheritance arrangements can result in substantial tax savings, mitigating the high rates prevalent in many parts of Spain. We offer assistance in managing assets across various jurisdictions, working in conjunction with your tax and legal advisors.

We have extensive experience in handling transnational succession and inheritance cases, considering the laws of different jurisdictions to serve our clients’ best interests. Optimal outcomes are achieved when asset holders can be advised on and implement a strategic approach as grantors, during their lifetime or posthumously. However, even in the absence of such planning, beneficiaries can still benefit from our expertise.

Our network, part of AEA and spanning over 80 countries, offers invaluable support to our international and local clients, especially those with connections to multiple countries.

Tax Claims / Legal Defence and Representation

Many of our clients sought out Konsell amidst challenging legal circumstances, and their testimonials attest to the exceptional defence they received. At Konsell, we specialize in negotiating with tax inspectors to clarify our clients’ positions and activities, thereby averting prolonged disputes and significant expenses.

In cases where negotiation proves unfeasible, Konsell initially pursues administrative remedies but is equally adept at providing robust court defence. Our firm boasts an impressive success rate in contesting tax authority decisions, securing refunds for our clients and compensation for lost interest.

Both residents and non-residents are susceptible to tax audits, with non-residents looking to establish or expand businesses in Spain facing increased scrutiny. Konsell is skilled in mitigating the impact of such audits and navigating the complexities involved.

Our team comprises seasoned tax advisors, lawyers, economists, auditors, and accountants, all well-versed in multiple jurisdictions and experienced in serving international clients.

Litigation And Mediation – Advocacy – Counselling

Court proceedings are neither cost-effective nor swift. At Konsell , we are committed to avoiding litigation whenever possible, working diligently to prevent disputes from escalating to that level.

However, in instances where litigation becomes inevitable, Konsell is equipped to provide expert legal representation. We take pride in our remarkable track record of successfully defending clients in court.

Our attorneys possess deep expertise in both litigation and mediation, understanding the importance of being well-versed in the latest judicial and extrajudicial dispute resolution methods.

Our litigation team is prepared to represent clients in a wide array of cases, including civil, mercantile, administrative, business, as well as tax and accountancy matters.