The LOPD and money laundering in Spain
This article tries to reflect on the relations between two legislations that in principle have nothing in common, but that are called upon to relate to each other, thus it decides the legislator, which is essential for the good functioning of the business of the obligated parties.
Changes in the draft on the fiscal reform in Spain
The new fiscal reform in Spain, which will gradually be implemented in 2015 and 2016, will benefit rents bellow 50.000€ and individuals with family responsibilities. Severance pay shall be taxed, the exclusion of the dividends is abolished and the deductible quality of pension plans is reduced.
Labour modifications in international mobility for entrepreneurs in Spain
The Law to support entrepreneurs and their internationalization in Spain encourages new entrepreunerial activities in Spain by simplication of bureaucratic paperwork, obtention of visas and residence permits, and transfer of workers abroad.
Terms and phases of the due diligence as part of a business transfer
The process of due diligence in the context of a transfer, merger, sale or purchase of a company in Spain includes four phases in order to ensure its correct course: preliminary, investigation, confirmation of data and the transmission of the report.
Grounds for exempting companies from criminal liability in Spain
A company will be exempted from criminal liability for crimes committed on its behalf if it has implemented a crimes prevention plan and if it has fulfilled the requirements of control and surveillance demanded after the Spanish Penal Code reform.
New Criminal Offense Risk Prevention Plans for Companies in Spain
The reform of the Spanish Penal Code incorporates the duty that companies in Spain must establish criminal offense risk prevention plans. If a company fails to implement a risk prevention plan, it will not be exonerated of any criminal charges or have them reduced.
The importance of due diligence in business transfer operations
Prior to a transfer of a business in Spain, one should carry out a due diligence in order to analyse the economic, financial and legal aspects of the business to be acquired. The process will help set an objective price for the transfer of the company and help avoid any risk of defects related to the company sold.
Inheritance tax Returns to non-residents in Spain due to discrimination
In its judgment on 3 September 2014, the European Court of Justice (ECJ) declared that Spain had infringed Community law by permitting differences in its tax treatment of the inheritance and gift tax between residents and non-residents in Spain and requires the return of wrongfully collected revenue.
Applicable Law to mobile applications in Spain
The possibility of spying on mobile devices has demonstrated the need for Spanish companies to search for legal means of protecting themselves against possible complaints by clients concerning potential loss or theft of information. The different types of mobile applications – online or offline, invasive or non-invasive – determine the rules that are to be followed.
Salary incentives and Bonuses in Spain
Bonus payments by employers as a salary supplement must fulfil the legal requirements set by law. Spanish regulation provides a high level of protection for workers’ interests in this respect.
