A Spanish Foreigners' Identity Number (NIE) is a Spanish tax identification number that the Spanish authorities assign to any foreigner. They are issued by the National Police of Spain, who also issue Spanish passports and ID cards.
You need a NIE in Spain to:
There is also a C.I.F. (Company Fiscal Number) for foreign companies that have business deals in Spain.
We can obtain a NIE on your behalf at the Spanish Consulate in London. This service is provided quickly and efficiently, at very competitive prices.
Susana is a specialist in international private law, with a vast experience in winding up the Spanish states of the deceased. For over 25 years, she has been providing legal services to solicitors, probate practitioners or directly to individual executors and beneficiaries, wherever they are based in the UK.
Susana assists the beneficiaries to complete the state of the deceased in Spain in the most effective way, whether or not the deceased left a Will (English or Spanish) or in some cases no Will.
Spanish Law does not operate like English Law in the event of someone’s death.
There is no automatic transfer of ownership when someone dies in Spain, as in England, where a spouse automatically receives the inheritance. When your spouse or partner dies, you must change the ownership.
In the case that the ownership of the property is shared, and both spouses are listed as the owners of the property at the Land registry, when one person dies, the Spanish inheritance process requires that an Adjudication deed must be signed in front of a notary or the Spanish Consul in London. This change of ownership must then be registered with the Land Registry. The inheritance tax is payable against the deceased's property, and also includes money held in bank accounts, vehicles, deposits and other assets that the deceased may have in Spain.
A property cannot be sold until the Spanish inheritance process has been completed. The beneficiary must do this within a six-month time frame; otherwise, the heirs must pay additional interest on the amount owed.
Susana can help clarify the amount of tax that the inheritors or beneficiaries are likely to pay. We will take into account the location of the property and the relationships of the beneficiaries with the deceased.
The Spanish legal services will look after you by introducing the Spanish inheritance process and providing comprehensive advice for the beneficiaries about how to wind up the deceased's estate in Spain in the best, clear and simple way.
All the Spanish inheritance processes can straightforward be carried out in England and you only need to grant us a power of attorney to complete the estate of the deceased on your behalf.
We, as experienced Abogados, can provide Affidavits on a range of matters within our area of expertise, which will be recognised by the Courts and Authorities of any country.
The Spanish central Government has delegated inheritance and donation tax legislation to the autonomous governments of the different regions. Therefore, allowances or reductions which apply are made by the Regional Government.
The Spanish Government will soon introduce a ‘fiscal harmonisation’ policy to eliminate the different practices between regions. The taxation levels are more favourable in specific areas such as Madrid, Andalucia, Valencian Community, Murcia, and Canary Inland. This advantage for those donating or inheriting will disappear with the implementation of the tax harmonisation policy.
The Brexit and the implications of the new policy have resulted in many people choosing to donate their property whilst conditions are more favourable, whether they are resident or non-resident.
Spanish legal service is here and at your disposal if you want us to study your specific case. We can complete the donation process in a minimum amount of time and make sure that you benefit from the numerous advantages that there are at present. We can prepare the donation gift to be signed before the Spanish Consul in London.
The EU Succession Regulation (EU 650/2012), known as Brussels IV was introduced with the aim of unifying succession laws across EU member states. For individuals who hold assets in those EU member states who are signed up to the Regulation (“the Regulation Member States”), the default position is that the succession of those assets on death will be governed by the law of the country in which the individual died habitually resident.
Where the Regulation applies, when an individual dies, the default position is that the law applicable to the succession of that individual’s estate, regardless of where the assets in their estate are situated, and whether moveable or immoveable, will be the law of the country where the individual was habitually resident at the time of their death. The intention is that only one succession law will apply.
This law will be of particular interest to people with assets, holiday homes, bank accounts and other investments in Spain (or in other European countries). These people should have two separate wills, one dealing with their Spanish or European assets and the other with their British assets. Their British nationality should be clearly stated in both wills as well as their wish that their inheritance be governed by the laws of their nationality, i.e. the law of England and Wales or Scotland.
The legal system is very different to the UK. We are experienced in handling the buying, selling, or mortgaging of property in Spain: villas, apartments, town houses, plots of land, investment properties, etc.
We take due diligence for you to buy a property securely, so that you avoid becoming the victim of fraud. We verify that the property is legally built, and its planning permission is in order.
Generally, there are no restrictions on foreign real estate ownership. If the purchase fund comes from a tax haven, the buyer must fill out a Declaration to the Foreign Investment Register form, which expires after six months, before buying the property in Spain.
As a buyer, you must provide bank account details to source your funds and obtain an identity card N.I.E.
There are no particular restrictions or limitations for applying for mortgage guarantees and loans, but you must comply with Money Laundering Regulations. https://www.fca.org.uk/firms/financial-crime/money-laundering-regulations
The purchase of the property should be executed by public deed in front of a Notary. Then, the completion deed recording the transaction is sent to the Land Registry.
The Notary checks that the rights against the land will be constituted, amended or extinguished in the completion deed following legal requirements. The tax authorities then review the completion deed to check that the transfer tax and plusvalia tax have been paid.
We will apply for an office copy entry from the Land Registry, which registers contracts and legal or administrative resolutions that affect property and other real estate rights. the office copy entry also records legal decisions that may affect the capacity of the owner and notes changes of use, enjoyment and other rights that affect a property.
The office copy entry contains details of the owner, the property's surface area, and a description of the estate, including soil type and adjoining properties.
The main ownership categories are full property ownership (similar to freehold in the U.K) and partial ownership rights as the 'usufruct', where the heirs of the title own the property. The benefit and use are assigned to a third party, usually the surviving spouse or partner.
Selling your Spanish property can be a difficult and stressful process, mostly if you have to do it from overseas.
We can advise you in the sale of your property. We peruse all your documentation to help you avoid the pitfalls, so that your sale will go smoothly, and you will be free from any hassle.
You can rest assured that your rights and interests will always be protected under a fair legal contract.
In divorce proceedings, if both spouses are co-owners, the UK Court advises on how the property will be dealt with. However, UK ruling does not directly affect the property in Spain. For example, if the UK Court rules that an apartment in Spain should go to one of the spouses, this does not happen automatically. In order to comply with the divorce agreement in Spain, a change of ownership would need to be done by a division of joint tenancy or dissolution of joint ownership.
A signing of the dissolution of the partnership deed needs to be signed before the notary public and the deed should be duly registered at the Land Registry. The person keeping the property usually pays the costs, but this aspect should be mentioned in a divorce agreement. The dissolution of the partnership would incur costs of land registry, notary, stamp duty and other minor items. The Spanish legal service can arrange these for one of the spouses, and the other spouse will also have to sign the transfer deed, either by way of a power of attorney or in person.
While spouses are joint owners, any of them could sell without the other’s consent and signature. Our Spanish Legal service has experience in these divorce issues and has done many of these transfers of property into one name after divorces and can assist with this matter preparing the power of attorney and the dissolution of the partnership deed, translating and legalising the Court Order and the decree absolute.