End of the Portuguese Non-Habitual Residents Regime (“RNH”)

On the November 29th, 2023, the Portuguese Parliament have approved the Portuguese Budget Bill for 2024 (the “Budget 2024”). After one and a half month of discussions and a lot of uncertainty, it was confirmed that the current special tax regime for Non-Habitual Residents (the “NHR”) will have some relevant changes. To clarify, we will […]

Build to Rent. Legal considerations in Spain

In the real estate sector, Build to Rent is understood to mean an investment in assets with the ultimate aim of obtaining income from long-term leases of the assets. The investment typically funds the acquisition, development, building, rehabilitation or adaptation of the asset, which is usually real estate. The impact on the global economy of […]

International relocation to Spain from non-EU countries

Spain is increasingly emerging as an attractive destination for foreign investment and high net worth individuals, as it offers tax efficient structures in an EU country. One result is that emerging companies and those with an advanced track record should consider Spain as a place to establish their holding corporate structure. Advantages of Spanish domicile […]

Joint and several liability of the administrator for dissolution of the company

I. Introduction In this article we will deal with the liability regime of directors for company debts, with emphasis on those contracted against the Social Security regarding ruling 1103/2022 handed down on 27 July 2022 by the Administrative Chamber, Third Section of the Supreme Court, which is the subject of analysis, as well as the […]

New Startup Law: Law 28/2022, of 21 December, to promote the startup ecosystem

Spain has adopted important changes to corporate and personal tax that encourage foreign investment and the movement of qualified professional talent. I. Main novelties The Startup Law amends relevant provisions in Spain’s main tax laws: the Personal Income Tax Law, the Non-Resident Income Tax Law, the Wealth Tax Law and the Corporate Income Tax Law, […]

The “blacklist” of tax havens and the coexistence of regulations.

The latest update of the EU list of non-cooperative countries and territories has been published, increasing by three jurisdictions to a total of twelve. As has become customary since 5 December 2017, when the European Union’s list of “non-cooperative countries and territories for tax purposes” was first published, there have been regular entries and exits […]

The pre-pack in the new Insolvency Law

The procedural deadlines in traditional insolvency proceedings under Spanish insolvency law are incompatible with the dynamics of the debtor’s insolvency situation. Pre-pack has arisen to speed up the sale or restructuring of the bankrupt’s assets. This permits the court to approve an asset liquidation program for the total or partial payment of the insolvency debt, […]

Nationality Convention between Spain and France

I. Current situation On March 29, 2022, the Nationality Convention between the Kingdom of Spain and the French Republic (the “Convention”), signed in Montauban on March 15, 2021, was published in BOE 75/2022. The Convention allows one individual to hold both Spanish and French nationalities, and the recovery of Spanish nationality lost due to acquisition […]