The team at Landcross Partners can provide comprehensive legal support to U.S. citizens moving to Spain, particularly in navigating the complexities of real estate transactions, property rentals, donations of real estate, and cross-border inheritances. Here are the key ways in which Landcross Partners can help:

Buying a Property (Conveyancing)

• Legal Due Diligence: Landcross ensures that the necessary legal checks are conducted before a property purchase, including verifying clear title, outstanding debts, encumbrances, or liens on the property. This protects the buyer from any hidden legal issues.
• Contract Drafting and Review: The team works with experienced property lawyers to draft or review the purchase contract. This includes terms related to the deposit, completion deadlines, and any contingencies, ensuring that the buyer's rights are protected throughout the process.
• Notary and Registration: Landcross facilitates the completion of the transaction by coordinating with a notary to execute the Escritura (title deed) and officially transfer ownership. The team also ensures that the property is properly registered in the buyer's name at the local land registry.
• Tax and Fee Management: The team provides guidance on all taxes and fees associated with the purchase, including property transfer tax (ITP), stamp duty (AJD), and notary fees, ensuring full compliance with Spanish tax laws.

Renting a Property

• Rental Contract Review: Landcross assists in reviewing rental contracts to ensure they comply with Spanish tenancy laws and protect the tenant's rights. This includes ensuring clarity on rent amounts, terms of renewal, and the tenant's obligations regarding maintenance and deposits.
• Legal Compliance: The team ensures that both the landlord and tenant meet their legal obligations under Spanish rental laws, including registering rental contracts with the relevant authorities if necessary.
• Dispute Resolution: Should any issues arise during the tenancy, such as disputes over repairs or the return of deposits, Landcross can provide mediation or connect clients with legal advisors to resolve the issue.

Donating Real Estate in Spain

• Donation Deed Preparation: If a U.S. citizen wishes to donate real estate to a family member or another party, Landcross facilitates the preparation of the donation deed (Escritura de Donación) with a notary, ensuring all legal requirements are met.
• Tax Implications: The donation of real estate in Spain is subject to donation taxes (Impuesto sobre Sucesiones y Donaciones), which vary by region. Landcross helps clients navigate these tax obligations and works to minimize the tax burden, while coordinating with U.S. tax advisors to ensure compliance with cross-border tax laws.

Cross-Border Inheritances

• Inheritance Planning: Landcross Partners provides strategic advice on cross-border inheritance planning, helping U.S. citizens structure their estates in a way that minimizes tax exposure in both Spain and the U.S. The team ensures that wills comply with both Spanish and U.S. inheritance laws.
• Spanish Inheritance Law Compliance: Spain's forced heirship rules (legítima) dictate that certain family members must receive a portion of the estate. Landcross helps clients understand these laws and plan accordingly, ensuring that U.S. wills or trusts don't con􀈠lict with Spanish legal requirements.
• Inheritance Tax: Spanish inheritance taxes vary by region and can be significant. Landcross assists beneficiaries in managing inheritance taxes and advises on strategies to reduce the tax burden.
• Probate Services: For U.S. citizens inheriting property or assets in Spain, Landcross facilitates the probate process, ensuring the smooth transfer of assets to heirs in compliance with Spanish law.

Tax and Financial Compliance

• U.S.-Spain Tax Compliance: U.S. citizens moving to Spain are subject to taxation in both countries. Landcross helps clients navigate the complexities of FATCA (Foreign Account Tax Compliance Act) and FBAR (Foreign Bank Account Reporting) requirements, ensuring they comply with both Spanish and U.S. tax regulations.
• Dual Tax Filing: The team provides expert advice on filing taxes in both countries and ensures that clients can take advantage of tax treaties between Spain and the U.S. to avoid double taxation.
• Property Taxation: The team provides comprehensive advice on taxes related to property ownership in Spain, such as annual property tax (IBI), capital gains tax, and wealth tax, ensuring that clients are fully compliant with local tax laws.