Legal Questions Podcast With Maria de Castro

Lindilou said:
Saturday, March 16, 2024 @ 9:05 AM

When an appeal goes to the Supreme Court, what is the maximum timescale please, from the date of papers being filed, for a decision? Thank you

frangipani said:
Saturday, March 16, 2024 @ 10:21 AM

A friend has many assets in Spain - yacht, houses - but is reluctant to make a will. In event of death and being intestate, what claims can be made by a partner and an estranged son?

mariadecastro said:
Saturday, March 16, 2024 @ 11:03 AM

Thanks! Will be compiling all your comments and sending a video podcast to you by the end of the month ;)

Tworowans said:
Saturday, March 16, 2024 @ 12:20 PM

I bought my house in 2015 (pre-Brexit) and although I’m happy with 6 months a year in Spain I want to apply for a non-Lucrative Visa (“NLV”) in order to have more flexibility than allowed under the 90/180 day Schengen rule.

I understand the 180 days in Spain rule for renewing the NLV but I don’t want to become a tax resident which I am told is triggered by 183 days in Spain

I can plan my 180 days in order to get NLV renewal - but is there any hidden Administrative procedure which could assert that 180 or 181 or 182 days also creates a tax residency liability?

Thanks
Steve

paulpashouros said:
Saturday, March 16, 2024 @ 1:49 PM

My wife is Spanish and is resident in the uk since 1965 as an 8yr child, she’s never had a dni, how does she get one, she has a NIF as we own a property in Spain and have done for 21 years. She needs a dni to be able to access money in a Spanish account

pjck said:
Sunday, March 17, 2024 @ 8:57 PM

Where is that podcast? Is it in English?

plj said:
Monday, March 18, 2024 @ 2:38 PM

Can you tell me if one is resident in England but owns land in Spain and has left a will in England as to who inherits the land is this legal in Spain? As it is campo land do they have to pay any taxes on it?

mariadecastro said:
Tuesday, March 19, 2024 @ 5:24 PM

Tworowans:

In Spain, you become a tax resident if you spend more than 183 days in the country within a calendar year. However, it's important to note that even if you don't exceed this threshold, you must demonstrate that your primary family or professional center is not in Spain to avoid being considered a tax resident by the tax authorities.

Regarding the visa for property owners, we launched a petition a few years ago hoping for the introduction of a visa similar to the French model. We're optimistic that such a visa will be regulated soon, providing more options for individuals like yourself.

mariadecastro said:
Tuesday, March 19, 2024 @ 5:30 PM

Paulpashouros:

o obtain a DNI, your wife should contact the Spanish consulate in the UK for detailed application instructions. Engaging a specialized lawyer can streamline this process. Regarding bank access, she should directly communicate with the Spanish bank, explaining her situation and providing her NIF and passport. The bank may require additional documentation or offer alternative methods for account access in the interim. If further assistance is needed with these steps or navigating the process, feel free to reach out for guidance.

www.costaluzlawyers.es

mariadecastro said:
Tuesday, March 19, 2024 @ 5:36 PM

Pjck:

A UK will is, of course, applicable in Spain, provided it undergoes the proper process for validation under Spanish law. Beneficiaries inheriting land in Spain must pay Spanish Inheritance Tax, which varies depending on the region and the beneficiary's relationship to the deceased. Consulting with a lawyer specialized in Spanish estate law is essential to ensure compliance with all legal and tax obligations.

Additionally, the podcast you inquired about will be released monthly and included in the EyeonSpain newsletter.

María

www.costaluzlawyers.es

azimat said:
Sunday, March 24, 2024 @ 5:59 AM

How do I get access to the Podcast. Is it in English?

Tina57 said:
Wednesday, March 27, 2024 @ 12:09 PM

Hi Maria, we are non residents with a property in Spain which we purchased in 2007. We also have a joint Spanish mortgage. Our bank has just requested details of my income (but not my partners) for the first time. Please can you advise if this is standard practice, perhaps for the tax office?

mariadecastro said:
Monday, May 6, 2024 @ 8:10 PM

Spanish banks sometimes request updated financial information from clients due to regulatory requirements or internal risk assessments. This could involve ensuring compliance with anti-money laundering laws or updating their mortgage portfolio risks.

It's likely this request is for internal purposes rather than from the tax office. If only your income has been requested and not your partner’s, it might be related to how your mortgage is structured. For a clear explanation, I recommend contacting your bank directly.