Malaga Legal

14/11/2024

Wonderful news today and a magnificent achievement on the part of my amazing colleague Marta Moreno. A couple who were here long before Brexit and have tried several times to get residency under the Withdrawal Agreement (with other firms - and without success, despite appeals), were granted their residency. A fresh set of eyes, commitment to detail, a bit of imagination and a lot of determination... and two successful applications accepted. So it is still possible, although it is definitely worth preparing a Brexit application AND start preparing for Arraigo Social at the same time, because if one fails, the other is there as a plan b. I will not share any more details of the clients but you know who you are!! So Monday it's TIE card ordering and also getting a regreso so that a proud grandma can finally go and visit her grandchildren in the UK.😀Instead of a champagne bottle, a photo of a very proud Marta is what is deserved here.

01/05/2024

The incredible Tanja Milokcic has captured our ethos and personality so brilliantly in these fabulous photos.

Our legal advice is based on a deep understanding of Spanish law and regulations, from simple bureaucratic procedures to the more complex issues which arise.

08/02/2024

Welcome to the wonderful Patri who will be running this side of things.

24/09/2023

Good news! We just got a tricky Arraigo Social approved for a very deserving client. This person just missed the boat at Brexit; she trusted someone who did not make the application in the end and left her in a very vulnerable position. There is a way of applying to regularise your situation in Spain if you can show 3 years in Spain without residency, although it is long winded to say the least. There are several Arraigo types, but this person as a retiree with sufficient funds, was able to go down the route of Arraigo Social by proving her links with her local community. We are totally over the moon and there will be tears and hugs at the TIE appointment. As always, thanks to my amazing and tireless colleague, lawyer Marta Moreno who managed to get this one through without a single request for more information. Three digital nomads approved and this arraigo social in a week.
www.malagalegal.com

29/08/2023

Digital Nomads with A1 certificate: how to apply for S1.
Unlike pensioners who apply for S1 at Overseas Healthcare, those with A1 as employee Digital Nomads must apply for their S1 at HMRC. The form is the CA8454. Once the S1 is received, it must be registered with Social Security in Spain. For assistance with registering ANY type of S1 in Spain, do not hesitate to get in touch on 0034 659752538 or [email protected]

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14/08/2023

One of the questions we get asked all the time is whether a tourist visa (or 90 days in 180) can be extended. The answer is a very qualified yes, but the circumstances necessitating such an extension must be really exceptional. We just achieved an 89 day extension for a most deserving client. The requirements were quite hard to fulfil, so this is no walk in the park. Nevertheless it can be done in very exceptional circumstances.

One of the questions which crops up frequently from non residents is how to stay longer than 90 days in Spain. For anyone who has no other chance of getting a visa or residency, they often ask whether they could get an e...

04/08/2023

Digital nomads and "Beckham's Law" (modelo 149 applications)
Modelo 149 applications are for people who are displaced by their employer to Spain. If accepted, they pay a flat rate of income tax of 24% (beneficial to very high earners, but not to everyone) for the first few years, and do not have to declare any income or assets held outside Spain to the Spanish tax authorities.
Does this apply to Digital Nomads? Well, maybe but not yet.
If you click on this official link and read the text below, you will see that so far there is no way that anyone who has been approved on a DNV (nomad visa) can make an application of this type. The conditions have not been finalised, and the application method has not been released.
Once we have news of precisely how any new process will work, I will post it and share. Until then, people will have to be patient.
You can send me a message and I will contact you directly if once we have the definitive answer.
https://sede.agenciatributaria.gob.es/.../proc.../G606.shtml
Modelo 149. IRPF. Régimen especial aplicable a los trabajadores desplazados a territorio español. Comunicación de la opción, renuncia o exclusión.
Permite a los trabajadores desplazados a territorio español la comunicación de la opción, renuncia o exclusión del Régimen especial.
Modelo 149. Presentación
Ayuda
NOTA AVISO: La modificación del artículo 93 de la LIRPF por la DF 3ª de la Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes, con efectos desde el 1 de enero de 2023, va a dar lugar a que nuevos colectivos de contribuyentes vayan a poder optar por este régimen especial. Sin embargo, las condiciones de aplicación del régimen a los nuevos colectivos (profesionales, emprendedores y núcleo familiar del contribuyente principal) están pendientes de desarrollo reglamentario y, a continuación, de la aprobación del oportuno nuevo modelo de comunicación adaptado a las nuevas situaciones y condiciones. En consecuencia, el actual modelo 149 de comunicación de la opción solo podrá ser utilizado por los contribuyentes para los que estaba previsto anteriormente: trabajadores y administradores. Los contribuyentes que vayan a poder optar al régimen como consecuencia de las nuevas situaciones producidas por la reforma normativa (profesionales, emprendedores y núcleo familiar del contribuyente principal) deberán esperar a la aprobación de la Orden Ministerial que apruebe el nuevo modelo de comunicación.

22/01/2023

Steps to take upon your arrival in Spain.

16/01/2023

The long awaited DIGITAL NOMAD VISA - STARTUPS LAW - entered into force on January 1 2023. It is regulated under the Entrepreneur Law in Spain.

If you are working remotely ("TELEWORKING") for a company located outside Spain, are already working for a company and can change your mode of working to remote working, or are working freelance for various clients, and want to do this from Spain, you have two options:
Residence authorisation: apply from Spain while within your 90 days - receive the authorisation in 20 working days - and obtain a 3 year residency with authorisation to work remotely.

One year Visa: apply from your home country via the consulate.

Important to note:
Dependents such as spouse and children of the remote worker can obtain legal residence in Spain.
Special tax benefits are available, similar to Beckham’s Law for higher earners.
If you meet the requirements to renew the visa or residency and maintain 5 years legally in Spain, you may apply for permanent residency, or Spanish nationality after 10 years.
The requirements are strict and will be enforced rigidly by the UGE.

For a consultation please contact us here:
[email protected]
www.malagalegal.com

02/01/2023

What is the IPREM? Those of us who apply for subsidies, bursaries or benefits, and those of us who are applying for or renewing visas will be familiar with this term.

IPREM stands for Indicador Público de Renta de Efectos Múltiples. The IPREM is an index - an amount which is used to decide whether a person or family is eligible to receive certain benefits or subsidies - and it replace...

10/12/2022

For anyone who has thought about leaving money to charity in their Will, the RSPCA has registered in Spain so that they can receive bequests. Clients signed their Wills yesterday making bequests to the RSPCA, and all went smoothly. The RSPCA tax certificate was accepted by the Notary, who expressed great interest in this option. Note that there has always been an issue with UK charities accepting bequests from Spain because they would have an inheritance tax liability which they would have to settle before receiving the bequest, and therefore most insist that any bequests be made to them with the tax already paid (impossible in Spain). I wanted to share this development with you because it may interest other people.

08/12/2022

Non resident property owners tax explained. Also how to ensure that you never miss a notification from any public body such as Hacienda, Social Security, DGT (Traffic) or your town hall. I hear too many stories of people having their bank accounts "raided" for non payment of some charge or tax or fine they never knew they owed. This is the simple way to make sure it never happens to you - by registering for automatic notifications. Please read on.

I sometimes wonder why there is no official kind of welcome pack for non Spaniards who buy property in Spain. If I could write one (and knew who to send it to!), it would set out all their obligations, and it would start...