GENERAL TERMS OF BUSINESS FOR NON RESIDENT TAX AND WEALTH TAX

Home / GENERAL TERMS OF BUSINESS FOR NON RESIDENT TAX AND WEALTH TAX

Hablamos tu idioma
bandera bandera bandera bandera bandera bandera bandera bandera bandera bandera bandera bandera bandera

Suscríbete a nuestro Newsletter para recibir directamente en su bandeja de entrada las noticias legales y fiscales que le puedan ser de utilidad.


Suscríbete
Download PDF

GENERAL TERMS OF BUSINESS FOR NON RESIDENT TAX AND WEALTH TAX

These general terms apply to every rendering of professional services related to Non-Resident Tax and Wealth Tax that is due to take place between LEXLAND and the CLIENT.

In this document:

The trading name of LEXLAND: Identifies the Spanish Limited Liability Company registered in the Mercantile Registry of Malaga under the name LEXLAND MARBELLA S.L., based in Marbella, Malaga, registered in the Mercantile Registry of Malaga under volume 3793, book 2704, section 8, sheet 40, page number MA-76889 domiciled in Marbella, Málaga, inscription number 1 and fiscal identification number B-9261115; LEXAFI CONSULTORES S.L., incorporated in Marbella before the Notary Public Mr. Juan Alegre González, on the 17th March 2005, under number 1279 of the protocol and registered in the Mercantile Register of Málaga, under volume 3793, sheet 29, page number MA-76888, inscription number 1 and with fiscal identification number B-92628429; CONVEGESTION MH25, S.L., incorporated in Marbella before the Notary Public Mr. Manuel Garcia de Fuentes y Churruca, under number 5234 of the protocol and registered in the Mercantile Register of Málaga, under volume 5454, sheet 17, page number MA-130922, inscription number 1 and with fiscal identification number B-93440014; and also WORLD LEGAL ADVISERS 2015 SLU, incorporated in Marbella before the Notary Public Mr. Juan Miguel Motos Guirao, under number 155 of the protocol and registered in the Mercantile Register of Málaga, under volume 4460, sheet 142, page number MA-95766, inscription number 1 and with fiscal identification number B-92907120. This document may also refer to Lexland as “we”, “ours” or “us”.

 

THE CLIENT:

Is the requester and recipient of the services described in this General Terms of Business. This document may also refer to the Client as “you” or “yours”.

 

SERVICES:

Refers to the calculation, preparation, drafting and registration with the Spanish Tax Authorities of the following Tax returns:

  • Annual/quarterly Personal Income Tax Return (Form 210).

    Applicable for owners of properties or for owners who obtain actual income through lease of the property which is to be registered separately. Individual tax returns must be filed for each property and for each owner.

  • Annual Wealth Tax Return (Form 714).

    Applicable when the total value of their property or their rights exceeds the tax-exempt limit of 700.000,00 € deducting any possible debt. Individual tax returns must be filed for each property and for each owner.

 

I. GENERAL TERMS AND THEIR SCOPE:

The general terms set forth in the present contract include, unless otherwise agreed, the Services described above.

 

The general terms set forth in the present contract include, unless otherwise agreed, the calculation, preparation, drafting and registration with the Spanish Tax Authorities of the following Tax Returns:

  • Annual/quarterly Personal Income Tax Return (Form 210).

    Applicable for owners of properties or for owners who obtain actual income through lease of the property which is to be registered separately. Individual tax returns must be filed for each property and for each owner.

  • Annual Wealth Tax Return (Form 714).

    Applicable when the total value of their property or their rights exceeds the tax-exempt limit of 700.000,00 € deducting any possible debt. Individual tax returns must be filed for each property and for each owner.

    Anything not expressly included in this section of this document will be considered excluded of the Scope of the Services

As a non-exhaustive example of services not covered by this proposal:

  • Consultation on any kind of fiscal problem which might arise with respect to the relevant taxes and withholding taxes affecting you, or your residency status.
  • Preparation, drafting and submission of your Capital Gains Tax Returns to fulfil the tax liabilities stemming from the sale of your property, and could provide assistance in applying for Refund (when applicable) of the withholding tax paid during the sale of your property.
  • Advice on Inheritance Tax.

The services covered by this proposal would not include assistance on drafting of agreements, litigation, and other matters of an extraordinary nature which, if required, would be invoiced separately with your prior approval.

In addition to this, the present general terms substitute and cancel any previous agreement between LEXLAND and the CLIENT within the scope of the present document and these shall be directly applicable to future services provided by LEXLAND to the same CLIENT, except for those cases in which the parties agree otherwise or are outside of the scope of these General Terms of Service.

LEXLAND shall commence the rendering of services only once a formal confirmation of instructions have been received and the applicable fees have been paid. These general terms shall be tacitly accepted if the CLIENT were to send instructions and orders through the ordinary means provided by LEXLAND.

We are only competent to render opinions on issues of Spanish law. Consequently, we express no opinion as to any laws other than the laws of Spain in full force and effect on the date hereof and as applied by Spanish courts on today’s date.

 

II. SCOPE OF APPLICATION :

The parties to this rendering of services are LEXLAND, as an adviser, and the CLIENT. The advice that LEXLAND offers shall be destined to the CLIENT signatory of the engagement letter only, not being subject to assignment, distribution, usage or communication to a third party without LEXLAND´s prior written consent.

LEXLAND shall render services on the subject matters included in this engagement letter sent to the CLIENT only. Any agreement between the parties that modifies the rendering of services in any sense must be agreed upon in writing by the parties with sufficient legal capacity. In this sense, sufficient legal capacity with regards LEXLAND refers to the partner signatory of the engagement letter only.

All legal advice related to the carrying out, performance or recommendations regarding a case are specific for each CLIENT, being the client solely responsible for each decision. LEXLAND shall not, in any case, assist the client in operational or business decisions, being these specifically excluded in any case.

The parties do not have the right to assign the rights and obligations from the present contract to a third party without prior written consent from the other party, except in cases of partial or universal succession when this affects the present contract in some way.

 

III. LEXLAND´S PROFESSIONALS :

LEXLAND ensures a total commitment of its professionals to achieve a high standard rendering of services. In the cases in which one or various professionals are not able to continue developing the rendering of services as per the engagement letter, LEXLAND shall substitute these professionals either partially or totally for other professionals with the same capacity, informing the client previously of this extent.

 

IV. INDEPENDENCE OF THE PARTIES TO THIS CONTRACT :

Each of the parties to this contract shall act independently from the other. Therefore, the parties cannot be considered as an agent or supplier of one another, nor act or introduce themselves, implicitly or explicitly, as an agent of the other party, nor in any other manner that may imply or create obligations in the name of the other party.

 

V. CODE OF CONDUCT :

LEXLAND and its employees are subject to the standard Lawyer – CLIENT commitments as laid down in the Code of Conduct of the Spanish Bar Association, with the exceptions which have been legally established for these relationships.

The Lawyer responsible for the rendering of services shall direct the procedure with total independence, without having to follow instructions from the CLIENT if these were to affect his professional criteria. The CLIENT´s interests shall always prevail over those of the Lawyer and the Lawyer shall act accordingly but without being bound by the CLIENT´s specific instructions.

 

VI. PROFESSIONAL FEES AND EXPENSES :

LEXLAND’s Professional Fees are established based on a fixed amount previously agreed by both parties, excluding, and completely independent from the number of working hours dedicated to the file by the different professionals involved in the case. Thus, the rendering of these services is fixed to the following amounts:

  • Annual Personal Income Tax Return when the property is not rented out.
    Our fees for the calculation, preparation and submission of the tax returns, per year are:

    • If the purchase price of the property is 700,000 € or less, our fees would be the 0.1% on the purchase price.
    • If the purchase price of the property is higher than 700,000 €, our fees would be:
      • Up to 700.000 € …………………………0.1%
      • Remaining amount…………………….0.01%

       
      These fees are subject to a minimum processing fee of 200 €. This means that if the purchase price of the property is less than 200.000 € a fixed fee of 200 € would apply.

      In case that the client owns more than one property, a 50% fee discount on additional properties will be also applicable.

    • Quarterly Personal Income Tax Returns when the property is rented out.

      The fees applicable for the calculation, preparation, and submission of the tax returns, per quarter are:

      • If the purchase price of the property is 500,000 € or less, our fees would be the 0.06% on the purchase price.
      • If the purchase price of the property is higher than 500,000 €, our fees would be:
        • Up to 500.000 € ………………………0.06%
        • Remaining amount…………………….0.02%

         
        These fees are subject to a minimum processing fee of 150€. This means that if the purchase price of the property is less than 150.000 €, a fixed fee of 150 € would apply.

        The calculation, preparation, and submission of the annual summary of negative rents form, which submission could also be necessary, is included in the above-mentioned fees.

        Please note that our fees are per tax return to be submitted and per taxpayer. However, a 25% fee discount will be applicable to additional owners of the property.

        Regarding the Personal Income Tax return for the period in which the property has not been rented out, our fees for the calculation, preparation and submission would be the 0.075% on the purchase price.

        Please note that our fees are per tax return to be submitted and per taxpayer. However, a 50% fee discount will be applicable to additional owners of the property in both Personal Income Tax Forms.

    • Wealth Tax Return
      Our fees for dealing with the preparation and submission of the Wealth Tax return would be the 0.05% of the purchase price per taxpayer and tax return.

      These fees are subject to a minimum cap of 350€.

      Please note that our fees are per tax return to be submitted and per taxpayer. However, a 50% fee discount will be applicable to additional owners of the property.

      Unless expressly stated otherwise, Value Added Tax (VAT) is not included in the estimate of our fees. The applicable VAT will depend on the tax legislation in force when contracting the rendering of services.

      The external expenses incurred as a consequence of the rendering of services (transportation costs, courier costs, accommodation, food, translations and others) shall be detailed in the final invoice or in a specific invoice for these purposes.

      LEXLAND´s internal expenses regarding photocopies, transportation costs, faxes, videoconferencing, mail, etc shall be invoiced separately from the professional fees, either in the same invoice or in a separate invoice to that of the professional fees.

      It is the CLIENT who shall contract the services of a procurador, an arbitrator, a mediator or an expert witness to act in a procedure. These fees are considered independently from LEXLAND fees and shall be paid by the CLIENT. In the event that the CLIENT requests to contract these services through LEXLAND, the CLIENT must make an initial payment as a provision of funds for the specific file. LEXLAND shall not be in any way obliged to make payments to the CLIENT in advance or to make payments towards expenses and disbursements in the CLIENT´s name when this extent has not been agreed upon and the aforementioned conditions are not met.

      The provisions of funds paid by the CLIENT shall be used by LEXLAND to pay in the CLIENT´s name. In this sense, the CLIENT, with prior information and acceptance, authorises LEXLAND to deduct the outstanding amounts in concept of professional fees from the provision of funds.

      The amounts paid by the CLIENT as fees and expenses shall be considered as independent from any right assigned to the CLIENT for services rendered to a third party. In this sense, payment of judicial costs or any other judicial expense that the CLIENT must pay will not exclude him from having the obligation of paying the professional fees and expenses owed to LEXLAND. In this regard and with respect to the judicial costs recovered from a third party, the CLIENT is bound by article 44.2 of the General Statute of Advocacy, and these will be therefore ceded to LEXLAND.

+34 952 778 899

Primera Consulta Gratuita

Consulta en línea
footer recurso

Política de Cookies

Esta página web utiliza cookies propias y de terceros, con el fin de mejorar nuestros servicios con sus preferencias mediante el análisis de sus hábitos de navegación. Si continua navegando, consideramos que acepta su uso. Puede cambiar la configuración u obtener más información aquí