The Board of Directors’ Regulations: what ar […] The Board of Directors’ Regulations: what are they and when are they mandatory?
Category: Blog
Within the Spanish legal system, legal entities are regulated and governed by two main bodies; (i) the General Meeting and; (ii) the Administrative Body, the latter being in charge of the management and representation of the Company. Thus, Royal Legislative Decree 1/2010, of 2 July, which approves the revised text of the Corporate Enterprises Act […]
Read article
Property leasing: alternatives and tax implication […] Property leasing: alternatives and tax implications
With the entry into force on 26 May 2023 of Law 12/2023, of 24 May, on the right to housing, and as we commented in our blog just before its approval, the rental housing market is in one of its most convulsive moments, which may put the activity of landlords at risk due to excessive […]
Read article
Legitimisation to challenge corporate resolutions […] Legitimisation to challenge corporate resolutions in court
Article 206 of the Caorporate Enterprises Act regulates the standing to challenge corporate resolutions adopted by the General Meeting of a commercial company. Percentage of share capital required to challenge company resolutions In principle, any of the directors, third parties with a legitimate interest and shareholders who have acquired such status prior to the adoption […]
Read article
What obligations will companies have to comply wit […] What obligations will companies have to comply with the reduction of working hours to 37.5 hours per week?
The reduction of the maximum working week of 40 hours per week in annual calculation, which is currently included in article 34 of the Workers’ Statute, is one of the commitments included in the government pact signed at the time between PSOE and SUMAR, which established a reduction of the maximum working week to 37.5 […]
Read article
How has the new Housing Law affected the eviction […] How has the new Housing Law affected the eviction procedure for large tenants?
Law 12/2023 of 24 May on the right to housing, which entered into force on 26 May 2023, established a series of measures to protect the constitutional right to housing, which materialised in the amendment of article 439.6 of the Civil Procedure Law, through the addition of paragraphs 6 and 7. These regulate the admission […]
Read article
Exemptions for family businesses: I have a company […] Exemptions for family businesses: I have a company that leases real estate, what are the consequences for wealth tax?
As we mentioned in a previous post, the value of the shares held must be declared in the Wealth Tax (IP). As a reminder, in that article we also commented on the so-called “family business exemption”, which is established in article 4-Eight-Two of Law 19/1991, of 6 June (LIP). In this new article, we analyse […]
Read article
Does your company carry out appropriate national I […] Does your company carry out appropriate national ID card processing?
It is common for companies to ask their customers to show their ID card or passport and even to scan it or request it to be sent by email in order to carry out the identification of a natural person. However, in doing so, companies may be in breach of the data minimisation principle contained […]
Read article
Does the employee have to give notice of absence d […] Does the employee have to give notice of absence due to medical leave?
Although it is no longer compulsory for employees to provide the company with the sick leave, confirmation and discharge report, it is possible to require them to notify the company of their absence due to Temporary Incapacity. In this article, we analyse the conditions that the company may require employees to fulfil in relation to […]
Read article
Valid economic rationale and concept of ‘tax advan […] Valid economic rationale and concept of ‘tax advantage’ in corporate restructurings. TEAC Rulings 6448/2022 and 6452/202 […]
Corporate restructurings are a practice widely used by business groups for various reasons, among others, because all economic activity must be structured in an efficient, orderly manner and with properly managed resources in order to correctly analyse the profitability of each line of business, as well as to enhance such profitability, without any of them […]
Read article
The deductibility of impairment losses on trade re […] The deductibility of impairment losses on trade receivables for Corporation Tax purposes and the modification of the tax […]
Loan defaults are a reality that many companies face in their day-to-day business activities. It is therefore important for taxpayers to be clear about their correct tax treatment in order to comply with their tax obligations in accordance with the regulations in force at any given time. In this publication we address the tax treatment […]
Read article