News

One of the most significant, yet often overlooked, issues in tax law is the taxation of unrealised capital gains. Although the general principle under both Spanish Personal Income Tax (Impuesto sobre la Renta de las Personas Físicas – IRPF) and Spanish Corporation Tax (Impuesto sobre Sociedades – IS) is that gains are taxed only when […]

If the Spanish Tax Inspection arrives at your business without prior notice, do not improvise. Verify the identity of the inspecting officers, notify the company’s legal representative and tax adviser immediately, distinguish areas open to the public from restricted premises, and do not permit entry, searches or forensic imaging of computer systems unless an authorised […]

In this article, we briefly explain a little-known contractual provision relating to unfair competition which may be of considerable value to businesses whose employees, having received specialist training and become essential to the company, are subsequently recruited by competitors or decide to establish their own competing business. This provision is known as the post-termination non-compete […]

Article 31 of the Spanish Constitution provides that everyone shall contribute to public expenditure through a fair tax system. This constitutional obligation is also protected and enforced under Spanish criminal law. Tax offences: criminal protection of the tax system Tax offences are one of the clearest examples of economic crime under Spanish criminal law. Their […]

When a company experiences serious financial difficulties, uncertainty often arises as to the appropriate time to take legal action. It is precisely for these situations that insolvency proceedings (concurso de acreedores) exist. In Spain, insolvency proceedings are governed by Royal Legislative Decree 1/2020 of 5 May, approving the consolidated text of the Spanish Insolvency Act […]

The expression “negotiating with the Spanish Tax Authorities” should be treated with some caution. The Spanish Tax Agency (Agencia Estatal de Administración Tributaria – AEAT) does not negotiate in the commercial sense of the term. Rather, taxpayers have a statutory right to apply for the payment of a tax debt to be deferred or paid […]

Purchasing or selling a property is one of the most significant transactions an individual is likely to undertake during their lifetime. Although the process may appear straightforward, it is surrounded by a range of legal, financial and contractual risks which, if not properly identified and managed, may have serious consequences. One of the most critical […]

Under the current Spanish insolvency framework, the court-approved restructuring plan is the cornerstone of Spain’s pre-insolvency regime. It is a legal instrument designed to modify the composition, terms or structure of a debtor’s assets, liabilities or equity, including transfers of assets, business units or the business as a going concern, together with any operational changes […]

Artificial intelligence (AI) has evolved from being a promising technological innovation into an everyday business tool. In just a few months, assistants such as ChatGPT, Microsoft Copilot and Gemini have become part of the daily operations of many organisations, helping them prepare commercial proposals, summarise meetings, draft contracts, analyse information and automate administrative tasks. In […]

The recent Supreme Court Judgment No. 881/2026 of 9 June clarifies the legal consequences for a purchaser where a company’s directors dispose of essential assets without obtaining the prior approval of the general meeting of shareholders. The Supreme Court confirms that the authorisation required under Article 160(f) of the Spanish Companies Act (Ley de Sociedades […]