On the 9th of April, the Andalusian government approved some very relevant fiscal modifications.
To be exact, a discount of 99% of the Inheritance and Gift Tax was approved. Until that day, there was an exemption for children and spouses who inherited less than 1,000,000€: they did not have to pay any inheritance tax.
Now, in those cases where they inherit more than 1,000.000€, there will be a discount of 99%. What does this mean exactly? It means that if, for example, a child inherits 1,100,000 €, then he will not have to pay approximately 300,000€, as he had to until now, but only 3,000 €, with this modification.
However, the most outstanding fact is that it was approved that this same discount will be applied to the gift tax, which until now was not included in the exemption valid for the amount of 1,000.000 €. Until now, if the parents donated a property valued in 400,000 € to their children, spouse or partner, then this person had to pay approximately 81,000.00 € in Gift Tax. This amount now has been reduced to 810€.
Now, the only condition for being able to apply this discount is that the donation, be it money or real estate, must be by a Donation Deed signed as public deed before a notary. We have to keep in mind though that it may be possible that after Brexit this might not be possible for British citizens any longer. Therefore, if you are considering to gift any money or real estate in Spain, it might be interesting to do it now.
For more information or a thorough analysis of each particular case, please do not hesitate to contact us and we will be pleased to advise you.
I. PRIVACY AND DATA PROTECTION POLICY
In compliance with current legislation, Sánchez Solicitors Abogados (hereinafter also Web Site) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).
- Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the Guarantee of Digital Rights (LOPD-GDD).
- Royal Decree 1720/2007, of 21 December, which approves the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
- Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).
Identity of the person responsible for processing the personal data
The person responsible for the processing of the personal data collected at Sánchez Solicitors Abogados is: SANCHEZ SOLICITORS S.L, with NIF: B-93106375 and registered in: Malaga Mercantile Registry with the following registration data: The representative of the company is: Ernesto Yagüe Sánchez (from now on, the person responsible for the processing). His contact details are as follows:
Address: Calle Diputación, 13. 29780. Nerja, Málaga
Contact telephone number: 34 951 21 46 36
Fax: 34 951 190 170
Contact email: email@example.com
Registration of Personal Data
In compliance with the provisions of the RGPD and the LOPD-GDD, we hereby inform you that the personal data collected by Sánchez Solicitors Abogados, through the forms provided in its pages, will be incorporated and processed in our file in order to facilitate, speed up and fulfil the commitments established between Sánchez Solicitors Abogados and the User or to maintain the relationship established in the forms completed by the User, or to attend to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in Article 30.5 of the RGPD is applicable, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.
Principles applicable to the processing of personal data
The processing of the User's personal data will be subject to the following principles contained in article 5 of the RGPD and in article 4 and following of the Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights:
- Principle of legality, loyalty and transparency: the User's consent will be required at all times, after being informed in a completely transparent manner of the purposes for which the personal data are collected.
- Principle of purpose limitation: personal data will be collected for specific, explicit and legitimate purposes.
- Principle of data minimization: the personal data collected will be only those strictly necessary in relation to the purposes for which they are processed.
- Accuracy principle: personal data must be accurate and always updated.
- Principle of limitation of storage time: personal data will only be kept in such a way as to allow identification of the User for the time necessary for the purposes of processing.
- Principle of integrity and confidentiality: personal data will be processed in such a way as to guarantee their security and confidentiality. - Principle of proactive responsibility: the data controller will be responsible for ensuring that the above principles are complied with.
Categories of personal data
The categories of data dealt with by Sánchez Solicitors Abogados are solely identifying data. In no case are special categories of personal data treated in the sense of article 9 of the RGPD.
Legal basis for the processing of personal data
The legal basis for the processing of personal data is consent. Sánchez Solicitors Abogados undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.
The User will have the right to withdraw his/her consent at any time. Withdrawing consent will be as easy as giving it. As a general rule, withdrawal of consent shall not condition the use of the Website.
On the occasions when the User must or may provide his or her data through forms to make enquiries, request information or for reasons related to the content of the Web Site, he or she will be informed if the completion of any of these forms is mandatory because they are essential for the correct development of the operation carried out.
Purposes of the treatment to which the personal data are destined
Personal data is collected and managed by Sánchez Solicitors Abogados in order to facilitate, speed up and fulfil the commitments established between the Web Site and the User or the maintenance of the relationship established in the forms that the latter fills in or to deal with a request or query.
Likewise, the data may be used for commercial purposes of personalisation, operations and statistics, and activities related to the corporate purpose of Sánchez Solicitors Abogados, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Web Site.
At the time the personal data is obtained, the User will be informed of the specific purpose or purposes of the processing for which the personal data will be used; in other words, the use or uses that will be made of the information collected.
Periods of retention of personal data
Personal data will only be retained for the minimum time necessary for the purposes of processing and, in any case, only for the following period: or until the User requests its deletion.
At the time the personal data are obtained, the User will be informed of the period during which the personal data will be kept or, where this is not possible, the criteria used to determine this period.
Recipients of personal data
The User's personal data will be shared with the following recipients or categories of recipients:
Google Ireland , Ltd.
In case the Controller intends to transfer personal data to a third country or international organisation, the User will be informed at the time the personal data are collected about the third country or international organisation to which the data are intended to be transferred and about the existence or absence of a Commission decision on adequacy. Personal data of minors
In compliance with the provisions of articles 8 of the RGPD and 7 of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may give their consent to the processing of their personal data in a legal manner by Sánchez Solicitors Abogados. In the case of a minor under 14 years of age, the consent of the parents or guardians will be required for the processing, and this will only be considered lawful to the extent that they have authorised it.
Secrecy and security of personal data
Sánchez Solicitors Abogados undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, in order to guarantee the security of personal data and to avoid the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data. However, due to the fact that Sánchez Solicitors Abogados cannot guarantee the inexpugnability of the internet or the total absence of hackers or others who access personal data in a fraudulent manner, the data controller undertakes to inform the user without undue delay when a violation of the security of personal data occurs that is likely to involve a high risk to the rights and freedoms of individuals. In accordance with the provisions of article 4 of the RGPD, a violation of the security of personal data is understood to be any violation of security that results in the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.
The personal data will be treated as confidential by the data controller, who undertakes to inform of and to ensure by means of a legal or contractual obligation that such confidentiality is respected by his employees, associates, and any person to whom he makes the information accessible.
Rights arising from the processing of personal data
Users have the following rights over Sánchez Solicitors Abogados and may therefore exercise them against the person responsible for processing them, as recognised in the RGPD and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights:
- Right of access: This is the right of the User to obtain confirmation of whether or not Sanchez Solicitors Abogados is processing his/her personal data and, if so, to obtain information about his/her specific personal data and the processing that Sanchez Solicitors Abogados has carried out or will carry out, as well as, among other things, information available about the origin of such data and the recipients of the communications made or planned.
- Right of rectification: This is the user's right to have his or her personal data modified if it is found to be inaccurate or, taking into account the purposes of the processing, incomplete. - Right of suppression ("the right to forget"): This is the right of the User, provided that the legislation in force does not stipulate otherwise, to obtain the deletion of his or her personal data when these are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and the processing has no other legal basis; the user opposes the processing and there is no other legitimate reason to continue it; the personal data has been processed unlawfully; the personal data must be deleted in compliance with a legal obligation; or the personal data has been obtained as a result of a direct offer of information society services to a person under 14 years of age. In addition to the deletion of the data, the data controller must, taking into account the available technology and the cost of its implementation, take reasonable steps to inform the data controllers who are processing the personal data of the data subject's request for the deletion of any link to those personal data. - Right to limit processing: This is the right of the User to limit the processing of his or her personal data. Users have the right to obtain limitation of processing when they contest the accuracy of their personal data; the processing is unlawful; the data controller no longer needs the personal data, but the user needs it to make a claim; and when the user has objected to the processing.
- Right to the portability of data: Where processing is carried out by automated means, the User shall have the right to receive from the Data Controller his personal data in a structured, commonly used and machine-readable format and to transmit them to another Data Controller. Wherever technically possible, the data controller will transmit the data directly to that other controller.
- Right to object: This is the user's right not to have his/her personal data processed or to have it stopped by Sánchez Solicitors Abogados.
- Right not to be the object of a decision based solely on the automated processing, including the creation of profiles: This is the right of the User not to be the object of an individualised decision based solely on the automated processing of his or her personal data, including the creation of profiles, unless otherwise established by current legislation.
Users may therefore exercise their rights by writing to the data controller with the reference "RGPD-www.sanchezsolicitors.com", specifying:
- Name, surname(s) of the user and a copy of the ID card. In cases where representation is permitted, the identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other legally valid means of proof of identity.
- Request with the specific reasons for the request or information you want to access.
- Address for notification purposes.
- Date and signature of the applicant.
- Any document that accredits the request made. This request and any other attached document may be sent to the following address and/or e-mail:
Postal address: Calle Diputación, 13. 29780.
Links to third party websites
The Website may include hyperlinks or links that allow access to websites of third parties other than Sánchez Solicitors Abogados, and which are therefore not operated by Sánchez Solicitors Abogados. The owners of such websites will have their own data protection policies, and in each case they will be responsible for their own files and their own privacy practices.
Complaints to the control authority
In the event that the User considers that there is a problem or infringement of the regulations in force in the way his or her personal data is being processed, he or she shall be entitled to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or her habitual residence, place of work or place of the alleged infringement. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (https://www.agpd.es).
This website uses cyber_Folks hosting owned by: H88 S.A. based in Poznań, Franklin Roosevelt 22, 60-829 Poznań, entered into the National Court Register by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000612359, REGON 364261632, NIP 7822622168
The data will be stored on the cyber_Folks servers for a maximum of 72 hours in order to be able to forward the message in the event of a problem with the first sending. These servers are located in the EU.
cyber_Folks only has access to your personal data as part of the technical management on this website. The Data Protection Officer at the Administrator's is Dariusz Sikorski (hereinafter the DPO), who will provide more information on the rights of the person and their personal data at the following e-mail address: firstname.lastname@example.org