Posting of workers abroad: Webinar

by with No Comment ActualityFair and Events AreaUncategorized

Explore the keys of Posting of Workers Abroad in Our Upcoming Webinar!

On november 16th, we invite you to join the webinar hosted by Feliu N&I and Expat Feliu in collaboration with AMEC, focusing on posting of workers abroad and the new social security regulation (ISM/835/2023) which deals with the situation assimilated to social security registration for workers abroad.

In an increasingly globalized world, understanding the migratory, labor, and fiscal aspects is crucial. Are you interested in how the new social security regulation can impact your international operations? Are you wondering about the implications of labor regulations when sending employees abroad? This event is designed to provide answers to these questions and more.

Event Details:

  • Date: november 16th
  • Time: 10:00 AM to 11:30 AM

Montserrat Feliu, Managing Partner of Feliu N&I and Expat Feliu, will lead the event and share her knowledge and expertise on posting workers abroad. You will discover effective strategies to address the challenges of international mobility and gain insights on complying with migration, labor and fiscal regulations.

This event is an invaluable resource for professionals looking to stay informed about current trends and regulations in the field of employee foreign postings.

Register now by clicking on the link below: Registration Form

We look forward to seeing you there!

If you have any questions, please feel free to contact us.

www.feliu.biz

www.expatfeliu.com

Digital Nomad Visa: Your Guide to Remote Work in Spain

by with No Comment ActualityGlobal MobilityMobilitySpain

What is the Digital Nomad Visa?

Due to the changes society has faced and the development of new technologies, companies have been evolving in a digital realm that allows them to attract talent regardless of borders.

The Digital Nomad Visa is a type of visa or temporary residence permit that some countries have implemented to allow remote workers or digital nomads to live and work in their territory for a specified period, usually temporarily.

Who can apply for it?

The visa for international teleworkers, also known as the visa for digital nomads, is limited to teleworkers who are not part of the European Union. Therefore, within the general conditions, we need to consider:

  • The applicant for the digital nomad visa must be a teleworker from a third country (not belonging to the European Union).
  • The company with which the worker has a labor relationship must be located outside Spanish territory.

What Type of Worker Can Apply for This Visa?

Both dependent and independent workers who meet the criteria specified in the relevant regulations can apply for this visa:

  • They must be graduates or postgraduates from a reputable university or business school.
  • They should have the necessary and minimum experience of 3 years in the relevant field.
  • We can also differentiate between employees and self-employed workers:
    • Those working under a labor contract, with a minimum of 1 year of seniority with a company or group of companies. In this case, the company must have a demonstrable and continuous activity for at least one year.
    • Those working as self-employed professionals, with a minimum of 12 months of seniority.

Can I Work in Spain with This Visa?

You can work in Spanish territory depending on the employment status of the worker, as follows:

  • If you are an employee: You cannot work for a company domiciled in Spanish territory.
  • If you are self-employed: You can work for a Spanish company when the work you do is equal to or less than 20% of your total professional activity.

Can I Apply for the Digital Nomad Visa while in Spain?

Yes, you can apply for the visa from both within and outside Spain. Depending on the labor or commercial regime in which the worker falls, they may or may not work for a company established in Spanish territory.

 

While the requirements are specific in both the law and subsequent instructions that have been issued, it’s important to begin the process with experts who can review all the documentation in detail.

Are you a self-employed or employed worker who wants to experience remote work in Spain? At Expat Feliu, we provide comprehensive assistance to help you meet all the legal requirements. Contact us.

You can reach us by email at info@expatfeliu.com, or you can call us at +34 938 75 46 60.

www.feliu.biz

www.expatfeliu.com

THE SUPREME COURT DELIMITS MORTGAGE CHARGES DEDUCTIBLE BY NON-RESIDENTS

by with No Comment ActualityInvestSpain

In the recent ruling 167/2013, of 13 February, the Supreme Court (SC) establishes that non-residents who own real estate located in Spain can only deduct from Wealth Tax (IP), and therefore, in the Temporary Solidarity Tax of Great Fortunes (ITSGF), the mortgages constituted for the acquisition or refurbishment of said real estate.

The Supreme Court stresses that in the case of taxpayers under real obligation, the delimitation of the taxable base of the tax is linked to the property and/or right located in Spain itself, so that the deductible debts are limited to the mortgage charges incurred to acquire or reform the property.

Consequently, if the taxpayer subsequently grants a loan secured by a mortgage on the property located in Spain (i.e. the loan is not linked to the acquisition or refurbishment), it will not be deductible, since, although the two debts are secured by the same property, the mortgage taken out to acquire or refurbish the property is a security interest, whereas a mortgage taken out subsequently and not used for the acquisition or refurbishment of the property is a personal debt secured by a mortgage on the property itself.

Therefore, non-resident taxpayers owning real estate located in Spanish territory must take this ruling into account in their investment and indebtedness strategies on real estate they own located in Spanish territory.

Expatfeliu can advise and support you in analysing the tax impact of your investment and debt strategies on your property located in Spain.

 

NEW SYSTEM FOR THE RECOGNITION OF OFFICIAL FOREIGN DEGREES

by with No Comment ActualityInternationalSpain

On 8 November 2022, Royal Decree number 889/2022 of 18 October came into force, which introduced a new “express” system of recognition and declaration of equivalence of officially valid degrees or diplomas obtained in the framework of foreign higher education systems.

Prior to this law, the procedure for recognition of foreign degrees could take up to 2 years, but now, following this reform, the public administration is obliged to issue a decision within a maximum period of 6 months from the receipt of the application (hence the name “express”).

If the homologation and equivalence procedures were initiated under the provisions of the previous Law, Royal Decree 967/2014, of 21 November, it will be possible to submit a new application as provided for in the reform, provided that you have not yet been notified of the hearing procedure in the previous file and that the new application includes a request for withdrawal of the previous procedure.

In these cases, it will not be necessary to pay the corresponding administrative fees again, provided that the previous fees have been paid correctly.

Finally, it is important to note that this Law only applies to official university degrees that correspond to studies already completed and that it only covers those professions regulated in Spain and contained in the annex of the Law itself.

If you need more information about the new “express” recognition and declaration of equivalence procedure, do not hesitate to contact us!

MEXICO: REFORM TO THE FEDERAL LABOR LAW REGARDING VACATIONS

by with No Comment ActualityInternationalMexicoMobility

On January 1, 2023 in Mexico, the reform of Articles 76 and 78 of the Federal Labor Law, published in the Official Gazette of the Federation on December 27, 2022, called “Dignified Vacations” in the draft reform initiative, has entered into force.

  • The reform of Article 76 implies a significant increase in the number of vacation days to which employees are entitled, which in the first year of the contract increases from 6 to 12 days. The vacation period will increase by two days every year until it reaches twenty, and from the sixth year onwards, it will increase by two days every five years.

 

  • Article 78 establishes that the employee must enjoy at least twelve continuous vacation days, however, if he/she wishes, he/she may distribute his/her vacation days as he/she deems necessary.

This reform is applicable on the effective date to all employment contracts in force at that date, provided that it is more favorable to the employees.

Companies must establish a clear procedure for the request and authorization of vacations and the way in which vacations will be accrued for the time worked in 2022, in addition to considering the economic implications of the reform.

 

If you need more information on the Reform of Articles 76 and 78 of the Federal Labor Law in Mexico, please do not hesitate to contact us, our experts in the field will inform and advise you on the new reforms.

 

TAX CHANGES ITS CRITERIA AND STATES THAT THE INDIRECT HOLDING OF REAL ESTATE BY NON-RESIDENTS IS EXEMPT FROM WEALTH TAX

by with No Comment Actuality
The binding consultation V1947-22 published by the Directorate General of Taxes on September 13, 2022, constitutes a new tax approach in which the indirect holding of real estate by non-resident individuals is declared exempt from Wealth Tax.

The taxpayer is an individual resident for tax purposes in Germany who owns 100% of the shares in a German company, which holds the direct ownership of a property located in Mallorca, and therefore the taxpayer has indirect ownership of the aforementioned property. The Directorate General of Taxes concludes that the taxpayer is not subject to Wealth Tax since he is not the direct owner of the property located in Spain.

This measure has an important tax transcendence especially in tourist areas such as the Mediterranean coast or the Balearic Islands, where it is common for non-resident individuals to channel their real estate investments through companies that have their tax residence outside the Spanish state.

Indeed, if the real estate is acquired through a foreign company, the direct ownership falls on the aforementioned company, and the non-resident individual partner who holds a certain percentage of shares of the entity, being the indirect owner of the real estate, will be exempt from paying Wealth Tax.

Special attention to the real estate acquired in Spain directly by the non-resident individual, since these would be subject to Wealth Tax by real obligation.

The resolution is binding and retroactive, so that investments with similar characteristics to those of the resolution that have occurred in non-prescribed fiscal years will have to be analyzed in detail, for the purpose of studying the filing of a claim for undue income.

How can we help you?

If you have any doubts in this regard, you can contact us and our team specialized in international taxation will advise you and give you more information on the tax transcendence with respect to the indirect holding of real estate in Spanish territory by non-resident individuals.