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Cookies Policy

 SFT SERVICIOS JURIDICOS S.L.P., uses own and third party cookies to obtain browsing data of our users in order to offer quality services and provide a better browsing experience and to identify technical problems that may appear on the web. Likewise, if you give your prior consent through your browsing, we will use cookies, which allow us to obtain more information about your preferences and to customize our website based on your individual interests.

In accordance with Article 22.2nd of the Law 34/2202, of July 1st, of Services of the Information Society and Electronic Commerce (hereinafter E-commerce Law), this website informs you about its Cookies Policy.

WHAT ARE COOKIES?

Cookies are small data files that are downloaded in your computer and other communication devices which store information that will be saved in your browser. Cookies enable a page or website, among other issues, to retain and recover digital files about users browsing habits or any kind of devices, allowing the user to recognize different parameters and information about itself.

The user will be able to modify their browsing preferences at any time to block or disable cookies installation such in case of website accessing.

WHAT KIND OF COOKIES DOES THIS WEBSITE USE?

The website www.sfabogados.com may use third-party services that collect information for three mainly reasons:

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In particular, this website uses Google Analytics (hereinafter Google), a methodical web service issued by Google, Inc., a corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View (California), CA, Zip Code 94043, USA. For the current provision of services, this company uses collecting cookies that retain different kinds of data information, included, among others, the users´ IP address, that will be processed, stored and transmitted by Google, under its legal notice Including possible transmission of such information to third parties for legal reasons or when such third parties process information on Google´s behalf.

DO WE USE OTHER COOKIES?

To provide an optimal service, this website also uses the following cookies: 

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COOKIES MANAGEMENT

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CUSTOMER INFORMATION

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If you need more information about our Cookies Policy, you can contact us through our connecting tools. We also recommend that you check the websites of each browser for more information.

We use own and third-party cookies to obtain statistical data of the users´ browsing and to improve our services. If you accept or continue browsing, it shall be considered that you accept their use. You can get further information “here”.

 

Thursday, 16 February 2017 11:41

Do residents in Spain, without a tax residence, have to declare their property abroad?

Individuals residing in Spanish territory who own movable or immovable property situated, deposited or managed abroad shall be obliged to submit, between January 1 and March 31 of the year following that to which the information to be supplied refers, The informative declaration of model 720 of the Tax Agency (articles 42 bis, 42 ter and 54 bis of the General Regulation of tax management and inspection procedures and procedures).

For the purposes of the presentation of the model, a resident in Spanish territory means the taxpayer who is to be taxed in the Personal Income Tax (IRPF) for the integrity of his income, in accordance with articles 9 and 10 Of the Personal Income Tax Law.

Consequently, the taxpayer will be obliged to provide the informative statement of the model 720 in the event of any of the following circumstances:

  • To remain more than 183 days, during the calendar year, in Spanish territory, sporadic absences should be computed, unless the taxpayer proves his fiscal residence in another country. In the case of countries or territories considered as a tax haven, the Tax Administration may require proof of permanence in 183 days in the calendar year.
  • That in Spain lies the main core or the basis of its activities or economic interests, directly or indirectly.

It will be presumed, unless proven to the contrary, that the taxpayer has his habitual residence in Spanish territory when the spouse is not legally separated and the minor children who depend on it.

Thus, natural persons who have their habitual residence abroad will not be considered taxpayers of the IRPF and, therefore, will not be subject to the presentation of the informative declaration. However, if a natural person has his or her habitual residence abroad but considers himself a taxpayer for the purposes of the Personal Income Tax, he must submit it.

It should be noted, in this sense, that obtaining an authorization to reside in Spain will not always imply the obligation to tax in the IRPF and to present the model 720. Therefore, let's take into account that, in granting the visa Or residence permit for investors, the requirement to stay in Spain is not mandatory (Article 46 et seq. Of the Immigration Regulation), so it will be necessary to examine whether, for the purposes of the declaration, the possible taxpayer is resident Tax in Spain.

On the other hand, it should be noted that if a person has obtained a temporary residence permit to reside in Spain but does not stay in the country for the time established by the tax regulations, he would not have, in general, neither to be taxed by the IRPF nor To submit the model 720, without prejudice to the fact that the competent body for the granting of such authorization can start to initiate the procedures for the extinction of the latter (Article 162.2 of the  Foreigners Regulation).

Writings SF Lawyers