Pre-dismissal hearing in cases of disciplinary dis […] Pre-dismissal hearing in cases of disciplinary dismissal: how should it be conducted?
Category: Blog
With the well-known Supreme Court Judgment (STS) 1250/2024 of 18 November, the legal doctrine regarding how to carry out disciplinary dismissals has changed. Since then, before proceeding with a disciplinary dismissal, the employer must offer the employee an opportunity to defend themselves against the allegations made. Obligation to hold a pre-dismissal hearing in disciplinary cases […]
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Special depreciation plans under the Corporate Inc […] Special depreciation plans under the Corporate Income Tax
General depreciation methods under the Corporate Income Tax Act (LIS) As is known to most taxpayers, companies may deduct as an expense, for Corporate Income Tax purposes, the annual depreciation corresponding to their fixed assets (intangible assets, tangible assets, and investment property). This allows the effective annual depreciation of these assets to be treated as […]
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Can the employer set limits on the use of trade un […] Can the employer set limits on the use of trade union time credit?
Frequently, companies ask us for advice to resolve a situation that is causing them conflict: the inadequate use of the hours corresponding to the trade union credit legally recognised for people who have been validly elected as members of the legal representation of workers, either as staff delegates or as members of the works council. […]
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The importance of implementing criminal compliance […] The importance of implementing criminal compliance
Article 31 bis of the Criminal Code provides that a company may be exempted from criminal liability if it proves that it has effectively implemented a crime prevention system. To this end, the Supreme Court has stressed the need for the compliance programme to be effective, i.e. not merely formal or theoretical, but to have […]
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The prohibition of competition by directors: a mec […] The prohibition of competition by directors: a mechanism to prevent unfair competition
Corporate governance carries with it a great deal of responsibility. A major concern is the potential conflict of interest of directors. In certain cases, a director could take advantage of his position to establish his own company, which is a direct competitor of the company he manages, thus diverting business opportunities or valuable resources to […]
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In previous blog posts, we have dealt with important aspects of Real Estate Investment Trusts (REITs), such as REITs in family business planning, liquidity management in REITs or the tax advantages, possible disadvantages, stock market listing and future expectations of SOCIMIs. In this new entry, we are going to refer to the indirect taxation of […]
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Vendor Due Diligence: a strategic tool for the sal […] Vendor Due Diligence: a strategic tool for the sale of your company
Selling a business is one of the most important decisions an entrepreneur can make. However, many sales transactions fail due to a lack of preparation on the part of the seller. In an increasingly demanding and competitive market, preparation is an essential factor in achieving the best possible result. If your company has grown significantly […]
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Legal mechanisms to guarantee the position of the […] Legal mechanisms to guarantee the position of the family in family business M&A processes
Family businesses make up 85% of the business fabric in Spain and play an essential role in the economy. Their identity is built on values such as tradition, resilience and long-term commitment. However, their unique structure, where business management, wealth and personal relationships are intertwined, poses particular challenges when facing an M&A process, especially when […]
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What is the Lombard Loan? The lombard loan is a type of collateralised legal transaction. Under it, the borrower offers the lender, as collateral, a security. This security may be enforceable in the event of non-compliance with the agreed repayment terms of the loan (or credit, because it can also be structured in this way). […]
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Main implications of the new European Union Direct […] Main implications of the new European Union Directive regulating the labour framework of digital platforms
The recent publication of Directive (EU) 2024/2831 of the European Parliament and of the Council, dated 23 October 2024, on improving working conditions in platform work, represents a step forward in the regulation of work on digital platforms.
Designed to ensure greater transparency and protection of the rights of workers serving […]
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Economic activity and property entity in the Corpo […] Economic activity and property entity in the Corporate Income Tax Law
Economic activity for corporate income tax purposes The concept of economic activity within a company can have important consequences with regard to the personal taxation of the individual partner, mainly in the Wealth Tax or in the Temporary Solidarity Tax on Major Fortunes, as well as in Inheritance and Gift Tax, determining the little or […]
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New Supreme Court ruling: impact on compensation f […] New Supreme Court ruling: impact on compensation for wrongful dismissal
A key ruling for companies regarding compensation for unfair dismissal The Supreme Court has recently issued Ruling no. 1350/2024 of 19 December 2024, in which it addresses the possibility for judicial bodies to establish compensation for unfair dismissal higher than that provided for in Article 56.1 of the Workers’ Statute (ET). What does the law […]
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Ancillary benefits in capital companies: what are […] Ancillary benefits in capital companies: what are they and how do they work?
Ancillary obligations are regulated in Article 86 et seq. of the Capital Companies Law (LSC). They can be defined as those obligations that the partners assume, beyond making the contribution to the capital stock to the company. These types of obligations may be remunerated or free of charge. They can also be linked to the […]
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Key aspects to consider before creating a cooperat […] Key aspects to consider before creating a cooperative
Some entrepreneurs get carried away by the fiscal attractiveness of the cooperative legal form and decide to choose it as their corporate form without delving into all the conditioning factors involved. However, setting up a cooperative requires a good understanding of its fundamental principles, especially the open-door principle, which guarantees voluntary membership without discrimination of […]
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Additional clauses to the employment contract: key […] Additional clauses to the employment contract: keys to protecting employers’ interests
In the field of employment, establishing reciprocal rights and obligations between employer and employee from the outset is essential to prevent conflicts. In this context, contract riders are particularly relevant, especially in cases of middle and senior management, where access to sensitive information and specialised training play a key role. However, although these clauses are […]
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Tax developments in corporate income tax for the 2 […] Tax developments in corporate income tax for the 2025 fiscal year
Corporate Income Tax (IS) is one of the most relevant taxes in the Spanish tax sphere, generally affecting all entities operating in the national territory. With the entry into 2025, various tax reforms will be implemented, mainly introduced by Law 7/2024 and Royal Decree-Laws 9/2024 and 10/2024, which are of great importance given the significant […]
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How are VAT taxes applied to services provided by […] How are VAT taxes applied to services provided by individual CEO advisors to commercial companies?
Undoubtedly, the VAT taxation of services provided by individual Chief Executive Officers to commercial companies is one of the most controversial issues faced by companies and entrepreneurs on a daily basis, and as such, it generates significant interest.
For years, the uncertainty about the correct way to issue an invoice […]
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Protection of Workers from Carcinogens, Mutagens, […] Protection of Workers from Carcinogens, Mutagens, and Reproductive Toxins: Key Aspects of Royal Decree 612/2024
On 4 July 2024, Royal Decree 612/2024 came into force, amending Royal Decree 665/1997 to transpose Directive 2022/431 into Spanish law. This new regulatory framework aims primarily to enhance the safety, health, and protection of workers from exposure to carcinogenic, mutagenic, and, as a key innovation, reproductive toxic agents.
[…]
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Art Galleries and Money Laundering: Key Issues Art Galleries and Money Laundering: Key Issues
Obligated Parties in the Prevention of Money Laundering in the Art Sector
Law 10/2010 of 28 April on the Prevention of Money Laundering and Terrorist Financing establishes the status of obliged parties for individuals or legal entities trading in works of art or antiques. This status entails a legal duty […]
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Criminal compliance in football clubs in Spain is a key issue, especially in the wake of Organic Law 1/2015, which introduced criminal liability for legal persons. This regulation introduces legal entities, including clubs, to implement crime prevention programmes, known as compliance programmes, to reduce legal risks and demonstrate a commitment to regulatory compliance. In addition, […]
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How BME Growth can be the perfect solution for you […] How BME Growth can be the perfect solution for your company’s future: frequently asked questions and key benefits
BME Growth is the stock market par excellence designed for SMEs seeking strategic opportunities for expansion and growth. This market has established itself as an essential tool for companies wishing to make the leap to the stock market, gaining access to new sources of financing that will enable them to remain competitive in an increasingly […]
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Crowdlending: an innovative tool for business fina […] Crowdlending: an innovative tool for business financing
Crowdlending has positioned itself as a disruptive financial alternative in the market landscape. This model, which allows companies and individuals to access financing through multiple individual investors, reflects how digitalisation and technological platforms are redefining the rules of the financial game. What is crowdlending? The term crowdlending comes from the union of the words crowd […]
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Liquidity management in the special tax regime for […] Liquidity management in the special tax regime for REITs
Real Estate Investment Trusts (REITs) are a type of company whose main activity focuses on the acquisition, development and refurbishment of urban real estate for rental purposes. Legally, the legal regime for this type of company is set out in Law 11/2009, of 26 October, which regulates Real Estate Investment Trusts (hereinafter referred to as […]
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7 keys to the European Artificial Intelligence Act […] 7 keys to the European Artificial Intelligence Act and its impact on data protection
Technology is advancing by leaps and bounds. One of the most exciting – and also controversial – areas is artificial intelligence (AI), which promises to revolutionise how we work, communicate and live. But, like any revolution, it raises big questions: how do we ensure that the personal data it uses is handled ethically and securely? […]
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Launching a start-up: 4 legal tips for entrepreneu […] Launching a start-up: 4 legal tips for entrepreneurs
Launching a start-up is an adventure full of challenges, opportunities and crucial decisions that can define the success or failure of a company from the very beginning. In Spain, the legal and fiscal framework for companies that meet the characteristics of a start-up has a series of particularities that every entrepreneur should be aware of […]
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Compensation for unfair dismissal in Spain followi […] Compensation for unfair dismissal in Spain following the ECSR Decision
Compensation for unfair dismissal: UGT complaint to the European Committee of Social Rights (ECSR) The trade union UGT lodged a complaint with the European Committee of Social Rights (ECSR) to assess whether the compensation for unfair dismissal under Spanish law is in line with the Revised European Social Charter (ESC), ratified by Spain in 2021. […]
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Investment in works of art through Free Investment […] Investment in works of art through Free Investment Companies (SILs)
Why are wealthy individuals starting to use SILs (Free Investment Companies) to manage their wealth? It is not surprising that more and more families with extensive wealth are opting to structure their investments through figures such as the Free Investment Company or SIL. The strict control that the tax administration is carrying out with the […]
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Challenges of artificial intelligence in labour re […] Challenges of artificial intelligence in labour relations under the new European AI Act
Artificial intelligence (AI) is changing human resource management in companies, covering processes such as recruitment and performance analysis. With the entry into force of Regulation 2024/1689, which regulates AI, the European Union establishes a clear regulatory framework for the use of AI in the workplace. In doing so, it aims to ensure that the implementation […]
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Tax advantages of making investments through SCRs […] Tax advantages of making investments through SCRs or venture capital companies
The investment industry is continuously growing in Spain and gaining more and more weight. In our recent publications, we have tried to explain the main characteristics of some investment vehicles such as the Free Investment Companies or Closed-Ended Investment Companies (SICC). Along the same lines, in this article we are going to analyse the tax […]
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Following the articles we have published on other collective investment institutions such as Free Investment Companies and their tax benefits, as well as the monograph we published on the main vehicles for real estate investment in Spain, this time we are going to focus on closed-end collective investment entities other than venture capital firms, also […]
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