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Laboral, Blog, labor
Exenciones en indemnización por despido

Exemptions from severance payments: requirements and applicability

Are all severance payments exempt? Firstly, we must refer to the Personal Income Tax Law, which establishes in article 7. e) that they are exempt: «Compensation for dismissal or termination of employment, in the amount compulsorily established in the Workers’ Statute, in its implementing regulations or, where applicable, in the regulations governing the enforcement of […]
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Blog, Economy, Tax
Fiscalidad de las criptomonedas en el extranjero

I have cryptocurrencies abroad, do I have to declare them?

From 11 July 2021, the obligation to provide information to the Tax Administration on the holding and transactions carried out with virtual currencies (acquisition, transmission, exchange, transfer, collections and payments), as well as the holding of those located abroad, will be established. This obligation was introduced by Law 11/2021 of 9 July on measures to […]
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Blog, blog
Plantilla-DEVESA_11zon

Parties subject to the regulations on the prevention of money laundering and terrorist financing by sector or group of activity.

Parties subject to the regulations on the prevention of money laundering and terrorist financing by sector or group of activity. The basic regulations governing the prevention of money laundering and terrorist financing in Spain consist of two fundamental pillars: Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing, and Royal […]
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Blog, Company Law, Family Business, Real Estate Law, Tax
empresa familiar SOCIMI

REIT as a problem-solving tool in family businesses: tax advantages and legal regime

One of the common grounds for disputes within the family businesses, especially when it comes to the second or third generation, is the distinction between partners who participate in the management or activity of the company, and partners who do not. It is normal that, either because of capacity or quantity, not everyone can obtain […]
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Blog, Hospitality, Tourism
Gestión hotelera - Devesa

Types of hotel management contracts: leasing and management

What types of contracts exist for hotel operations? In this post we will focus on the characteristics of the two most common hotel management models: the lease or rental contract and the hotel management contract. In fact, according to a recent publication by Hosteltur, three out of four hotel establishment operations are regulated by one […]
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Blog, compraventa, corporate law, mercantil
ryw

Representation and Warranties Insurance in M&A transactions

It is becoming increasingly common to use representation and warranties insurance policies (known as R&W insurance or W&l insurance) in M&A transactions. These insurances allow the compensation that the seller must pay to the buyer, for certain damages caused because of the breach of contract, to be paid directly by an insurer in exchange for […]
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Blog, Economy, Tax, VAT
Regla de la Prorrata IVA

Deductibility of VAT: What is the Pro rata Rule and how does it affect businesses?

One of the most controversial aspects of the Value Added Tax (VAT) Law is the deductibility of input VAT. Companies often encounter difficulties in determining the correct way to deduct input VAT when they simultaneously carry out transactions that give rise to a right to deduct, i.e. transactions that are subject to and not exempt […]
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Blog, Tax
Delito fiscal - Blog DEVESA

Tax offence. Circumstances for its assessment. Applicable penalties and how to avoid them.

What is a tax crime? The first thing to be clear about a tax offence (or, as the Criminal Code calls it, “offence against the Public Treasury”) is that it is a crime that cannot be committed by everyone, since it involves having defrauded the Treasury (whether at state, regional, provincial, or local level) of […]
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Blog, Laboral
Despedir a un empleado

Can I fire someone who has tried to steal from the company?

Unfortunately, it is quite often the case that a worker appropriates or steals (the difference between “theft” and “robbery” is basically that for “robbery” to occur, it must have been done by force, intimidation or violence against persons or things) objects or items belonging to the company, his or her employer. When this happens to […]
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Blog, legal, societies
Can I transform a LLC into a PLC

Can I transform my Limited Liability Company (LLC) into an Public Limited Company (PLC)?

The regulation of limited and public limited companies (LLC and PLC) in Spain, is mentioned in the included in the Spanish Royal Legislative Decree 1/2010, of 2 July, which approves the revised text of the Capital Companies Act, however, it does not include the transformation procedure, as this legal figure is one of the so-called […]
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