SELLING AN OLDER PROPERTY

Lawyers of purchasers of properties in Spain, will now amongst the other documentation, ask for a certificate of first licence of occupation.  This is normally available with some hard work, from your local town hall.  Information for older properties will not be available on the computer systems but in one of the hundreds of old archives.  If this relates to your property, you will have to furnish the relevant planning department of a history of the property going back to when and by whom it was built.  There will also be cases that some properties will have been built, without obtaining this licence.

Be forewarned, if you are considering buying a foreign vehicle in Spain.  Vehicles such as cars of various types which are right hand drive can still be put onto Spanish plates.  Vehicles which are not manufactured in Europe, must meet the stricter regulations.  The law is different when it comes to larger vehicles.  Anyone considering purchasing a van or Caravan which is also right hand drive and registered abroad, should take note that they will not be able to register the vehicle with Spanish plates.  Although that there are expectations that this law is due to change this year.  We must be realistic and not anticipate this change to occur in 2013.  

A RESIDENT IN SPAIN ASKS: COULD I BE EXEMPT FROM PAYING ANNUAL TAXES?

Numerous residents will remember that since they first bought their residence in Spain, they were advised to submit annual tax declarations. Most have dutifully paid these taxes, which were seemingly due for years. If you are one of the lucky few who had received correct advice, you will be aware that you do not in fact due to pay these duties. Those who have been paying resident tax should make a thorough investigation on the matter.

The general rule is that, pensioners, whose Spanish homes are their habitual and only abode, earn a pension not exceeding approximately twenty thousand euros a year and have no savings should be exempt. There are of course exclusions to this rule. One of these exceptions appears to be treating some pensioner’s unfairly. If your pension for example; does not exceed fifteen thousand a year but is obtained from two sources you will be liable to pay the annual resident tax.

I suggest that you do not use the above as a general rule as each person’s circumstances differ. For pensioners especially it is important that if you have not done so, that you should complete and submit one tax declaration to see if you are exempt. If this is the case, make sure you obtain a certificate from your tax office stating that you are a tax resident. Not doing so will complicate matters when either selling your property or on the death of a spouse. The regional government will retain funds on the sale of your property or charge a higher percentage of inheritance tax on the demise of a partner.

SPEEDING FINES

A couple from the UK, who hired a vehicle to visit a sick son in Spain, have incurred over 2.000 euros in speeding fines. The demand for the money was received at their UK address. The problem occurred when they lent the vehicle to a friend who did not respect the speed limits.

Please take note that if you consider loaning your vehicle to a third party, that you will be responsible for any fines or accidents perpetrated by the person you may have trusted to drive your vehicle. You will only be exempt from the responsibility of accidents if the person driving is mentioned on your insurance certificate.

Spain, Is Everyday Living Becoming More Expensive?

The above title tells of the type of issue which concerns the expatriate retired and employed community.

The governments, who are in need of topping up their reserves, are increasing costs on anything they can.  This includes the recent increase in the cost of our electricity supply. The order allowing the increase is dated the first of April.  Purchase taxes on second hand properties have also gone up, thus ensuring that the sale of such properties becomes ever more expensive. Many expatriates are concerned with the possibility of losing some health care facilities, 

The tax authorities are looking in-depth at both residents and nonresidents alike, who are not carrying out their obligation and presenting their annual tax declarations. Countless restaurants are increasing the prices on their menus. Petrol prices have been at their highest yet and IVA went up increasing everything we have bought; this includes the price of all our services.   

With the removal of subsidies from almost five hundred common prescription medicines, it may be time to look for alternatives. Talk to your doctor about using tee tree oil to alleviate mosquito and insect bites. A fantastic natural remedy for thousands of skin ailments including athlete’s foot and fungi types of skin complaints.

It is time to watch our pennies.  Start searching out the bargains.  It can be cheaper to travel long distances by coach instead of driving, at the same time taking the strain off the journey and allowing you to enjoy the vistas. Now may be the time to take a trip up the coast and take advantage of the many bargains available in the larger towns.  For those lucky enough to have their ‘sixty five card’ check on the internet, and find the free or specially priced entries into museums art galleries and theatres.

Call up the government controlled Paradors and see what they are offering.  Some of these hotels are located in beautiful castles or listed buildings.  Those who receive their pension in sterling have further advantages. An occasional trip to shop in Gibraltar, treating yourself to that British product you swore you had given up when you went native.  Use your credit card instead of cash if your earnings are in euros. This way you will get the best exchange rate.  Petrol and diesel is still a little cheaper and as you are there anyway.  The queues appear to be back to normal after the aftermath of the skirmishes brought on by royal visits and fishermen’s rights. 

Make sure that you are availing yourself of the reductions offered to residents on their annual rates (IBI) bills. Talk to your town hall and find out about free classes and anything else available as a ‘freebie’  If you are over sixty,  call into the ‘Gabinete Geriatrico’ and you will discover that there are numerous free health checks available to the over sixties.  Still have the old water heaters?  Pay to have your gas supply revised. It is surprising how much you can save due to the correction of leaky connectors, not to mention the dangers of these faulty fittings.

How long have you had a contract with the same mobile phone company?  Check your points and with these, either treat yourself to one of the free latest models now available, with almost everything you need; your emails, camera, internet browsing, and free messaging.  Talk to other service providers who offer you not only new phones but cheaper tariffs to get your business.  It may be wise to go to a shop to enquire what is on offer.  Check that you are being told the truth, no hidden charges etc.

Have a morning going to all your local banks and see if you can get a better deal. For example many banks offer ‘no charge’ accounts. That is if you either pay your self employed contribution via their branch or have your pension transferred to the same. Are there many expatriates living in your community?  Ask to have a communal satellite for all English language channels.

Pay a small sum to obtain tax advice.  You may be paying more than is due because you are used to having your tax returns mimicking anterior years. Are you told to provide pension certificates and also receipts for all types of expenditure during the previous years?

Pensioners, please remember that you are entitled to cheaper electricity consumption charges and telephone rental costs at literally a few euros. Scour through local newspapers for bargains

Today I had an anxious call from a family of holiday makers who found that their car was not where it was parked. They had parked with two wheels on the kerb. This is illegal. If it had not been a rental car, they may have escaped being towed away. They could not make themselves understood so called me. I located their vehicle. Took them to the location where the vehicle was impounded. Cost to them for the tow truck, sixty eight euro (luckily avoiding a fine)

On a lighter note, summer is here and you may consider showering on the beach. Don’t use your shampoo and soap, as you may find yourself in hot water!

Relocating to Spain. Contact the experts at: Costa Advice Bureau

Contact the Experts

CAB is the established English language advisory office located on the Costa del Sol. Our experienced bilingual team provides an extensive range of services in mainland Spain and the Canary Islands.

We are dedicated to supporting the expatriate communities who live, work, invest or are relocating to Spain and theCanary Islands, ensuring you and your family peace of mind. 

We pride ourselves on providing our clients with a high quality and personal service. This means taking time to listen.
We will work with you every step of the way to make sure that you achieve the results you desire. Our business is client orientated and we maintain strict confidentiality.

Spain is an emergent European state where regulations are continually changing. Our inimitable insight and many years of experience in dealing with complex procedures, matched with our invaluable assistance, will assure you of success when negotiating in a country whose legislation may be unfamiliar. Using our services will ensure that you avoid the multiple problems that are all too often experienced by our community. 

Our team have all the expertise necessary for completing the complicated paperwork required to conclude the many obligatory and diverse commitments when living in Spain.

We will provide you with impartial, independent and confidential advice and assistance. Our team is recognised for providing an effective, efficient and economic service. We will make sure that our negotiations will find solutions to all your legal, business, personal problems and issues.

Myra, the founder of the bureau, has an extraordinary ability as a mediator which has concluded in significant and successful results for our clients. She also provides up to date information in her monthly column published in anEnglish language newspaper.

Are you thinking of purchasing a property? You may also avail yourself of our knowledge and expertise in order to guide you through the complex process of the purchase or sale of a Spanish property. Our conveyance fees are cost effective. 

We also offer services to advise and assist you with investments or establishing a business venture. Please continue to browse the site where you will find a list of the many issues we can assist you with in order to facilitate a relaxed and comfortable stay in Spain.

SPAIN’S POLICE UNIONS ACTION, MAY MEAN AN END TO EVICTIONS

The general secretary of SUP (the police union in Spain) José Manuel Sánchez Fornet, has assured the forces that they will support any policeman, who refuses to take part in any evictions ordered by the courts for the banks. They are also offering to assist the officers with the expenses for any legal cases which may be brought against them for refusal to act out the order, whether or not they are members of the said union.

Any member of the police force, who is a conscientious objector, against the increasing number of ejections, only has to speak up, and he or she will be supported. The secretary added that he hopes that this extraordinary action by the union will assist in putting an end to scenes of despairing families being put out onto the streets.

José Manuel went on to say that though this has been a topic of discussion for a while now. He noted the statements coming out from the European Union that the law in Spain on evictions is flawed, had a strong influence in the final decision.

Obviously swayed by the bad press the government is being subjected to and with the two recent suicides of homeowners, who were about to be evicted, the government is also looking at amending the law so that banks can give vulnerable mortgage debtors options to stay in their homes.

Numerous of these evictions are occurring to retired couples who have paid off their own homes but stood as guarantee for their children. This was a common way for youngsters, to be eligible for a home loan.

NOTARY'S RESPONSE TO A RESIDENCY CERTIFICATE

My clients, who are residents, purchased a property in Andalucía. When drawing up the purchase contract (escritura de compraventa) in a notary, the clerk was at first not willing to inscribe in the document that they were residents in Spain. As far as he was concerned he had no proof of resident status. He made the point that the A4 size green document which has replaced the previous resident card, (and even though accompanied by passports) was not proof enough.

He did have a point. If they had been selling a property they would have been considered as nonresidents. This would result in the rule of ‘nonresident tax’ being applied.
Consequently; three percent of the total sale price would be legally withheld at source. The dues would then be forwarded to the tax authority.
The new document states, “La persona que a continuación se indica, ha solicitado y obtenido su inscripción en el Regisgtro Central de Extranjeros de la Dirección de la Policía y de la Guardia Civil, como residente comunitario en España” (The person indicated below, has sought and obtained registration in the Central Registry of Foreigners, of the address of the Police and of the Civil Guard; as a community resident in Spain) Translate and take this statement as you will, but there is no doubt, that there is conflicting and controversial recognition of resident status at present. For this reason it is important to take further action to authenticate your resident status.

PROTECT YOURSELF FROM THE INCREASE IN THEFT FROM VEHICLES AS THE CHRISTMAS PERIOD APPROACHES

In a recent article, I had advised about the ever increasing thefts from rental cars. This was specifically targeted at holidaymakers and second homeowners.

One cannot forget the hundreds of thousands of residents who, having made their home here, may feel less vulnerable in their Spanish plated vehicles. We must also make an effort to be extra vigilant, whilst going about our daily business.

Just as we can have become quite proficient at noticing the differences, between a local and a member of the expatriate community, so have the thieves. The old myth that northern Europeans are in the main wealthier, motivate these criminals to pick on us. 

Supermarket car parks are prime targets. Most do not have security cameras.

Some useful do’s and don’ts: 

1.    Remove all belongings from the interior of the car. This includes coats and jackets as they obviously have pockets.

2.    Empty bags and other articles, may be worthless to you, but could result in a broken window or lock.

3.    Do not presume your boot is safe. Most vehicles are hatchbacks with easy access to the boot via the back seats.

4.    Never, leave in your vehicle anything that YO, may consider worthless. Empty bags, camera or mobile phone cases are examples.

5.     Never lock your car and then put valuables in the boot whilst out. Do this at home and NEVER, in a car park. Thieves are particularly on the lookout for this sort of action. That briefcase may only obtain a few papers but offenders do not know that.

6.    It may be a bore, but, do not return to your vehicle to offload some of your purchases such as Christmas presents and then return to continue shopping.

7.    Ladies. Never leave your bag on the car seats until you are safely in the vehicle with doors looked until you move off (It is not wise do drive with locked doors in case of an accident. Someone may need access to you if you were incapacitated)

8.    Each time you open the car boot, you are exposing whatever you have in the inside. Leave anything you do not need for road safety at home.

9.    Take your belongings off trolleys whilst packing up your purchases.

10.  Do not be distracted by anyone for any reason. This may mean turning down an offer of help from someone.

11.  If you are feeling secure because you do not own a hatchback. Remember, it only takes seconds to pick the lock from a saloon car.

GOODBYE SPAIN. IS IT A WILLING DEPARTURE OR A SUBLIMINAL INDUCEMENT?

There are a variety of reasons why numerous members of the expatriate community, have decided to leave Spain, and return home. The exodus in the last few years has been gaining momentum and noticed at least by the non-Spanish community.

The town halls seem to be unaware of what could be the start of a mass exodus. Unfortunate homeowners with mortgages have not been able to sell their properties, at any price, are now feeling the pinch. Their monthly repayments are at an all-time high and all costs related to living in Spain is on the increase. Everything from electricity charges, cost of gas and the purchase of most essential products including foodstuff and medicine has multiplied. This in part is due to the increase in taxes on all products and the continual hike in petrol prices will do nothing to decrease costs. A cutback in the health care system is affecting everyone, including Spain’s immigrants, who were in the past treated for free.

The government who are continually talking about their austerity measures (this is in the main affecting the working classes and the poor) appear to have no clear plans and cannot show any conclusive evidence that their strategy is working. They are choosing to ignore their ineptitude and are basically spreading misinformation to the Spanish population, about the true extent of the deficit. The foreign press is probably the media who, are aware and have deduced the truth about Spain’s impending gloom.

Last year, all residents of Spain enjoyed a beautiful sunny and relatively warm winter. October of 2012 has shown us a cold front, heavy showers and flooding. Should this type of weather continue, concluding in the fact, that we lose the privilege of enjoying the pleasures of walking in the country or promenade, under a warm withers sun.. Many more families may decide to pack up and leave.

With all the doom and gloom on the economic front. It may be worth considering, that a thorough culling, of a population who cannot presently contribute to an ailing system may actually be a blessing to Spain’s powers. Just as Spanish families are being forced to emigrate, as they did in the lean fifties and sixties. Consider that the leaders of the present governing party may not be too disappointed, to say goodbye to some of its adopted Europeans

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