Category : Resident

Legal News Resident Insurance

Latest changes to animal welfare law

By dneutiens@segurantis.com

The new animal welfare law came into effect on Sept. 29, 2023 , but not all of the law's measures are already in place. This is due to the fact that the Spanish government is currently not yet formed or is still in negotiations for a new government formation. It is not yet known when these measures will take effect. Some of the measures yet to be developed are:

  • Liability insurance for all dogs: this insurance will protect dog owners from liability in case of damage caused by their dog. Will separate insurance be required for each animal or can it be combined with an existing home policy that has family coverage, for example.
  • A dog keeping course: this course will teach dog owners how to keep their dogs responsibly. In all likelihood, this is going to be organized by the local authorities but these bodies are also waiting for further instructions.
  • An identification chip for all pets: this chip will make it easier to identify and recover pets (dogs and cats) if they are lost or stolen.
  • There are still issues that are not on point but these are the main ones for now.

Fines

The law provides for economic penalties ranging from 500 to 200,000 euros for people who fail to comply with the aspects of the law that are already in effect. If the violation is minor, the fines are 500 to 10,000 euros; if the violation is serious, the fines are between 10,001 and 50,000 euros; and if the violation is very serious, the fines are between 50,001 and 200,000 euros and the animal will or may be confiscated.

Financial Taxation News Resident

BNI - Tax for Belgian non-residents in Belgium but still receiving income from Belgium

By dneutiens@segurantis.com

GNI, or "Non-Resident Tax," in Belgium is a tax levied on the income of non-residents who receive certain income from Belgium. Unlike residential taxpayers, who pay tax on their worldwide income, non-residents pay taxes only on income derived from Belgian sources unless there is an agreement with the country of residence to avoid the double taxation waiver treaty.

There are several categories of income that may be subject to this tax, including income from employment performed in Belgium, rental income from Belgian real estate, income from a Belgian company, pensions, benefits, profits of all kinds, allowances, ...

GNI rates and rules can vary depending on the type of income and the specific circumstances of the non-resident. In addition, double tax treaties that Belgium has with other countries may affect how and where the tax is levied.

If you have specific questions about your situation or need more detailed information about BNI, it is advisable to contact a Belgian tax advisor or the Belgian tax authorities. You can find out if you need to file a tax return through the WWW.MYMINFIN.BE web portal.

For Dutch, French or customers with a nationality other than Belgian, please contact the tax authorities of your previous country of residence or the country where you were previously employed.

Financial Taxation Non-resident News Real Estate Resident

IBI-SUMA CADASTRE TAX 2023

By dneutiens@segurantis.com

Every owner of a property in Spain (a house, garage, shed, plot of land,...) must pay the annual property tax, better known in Spanish as the Impuesto sobre Bienes Inmuebles (IBI). Per separate cadastre number (this is the registration number of your property), a percentage of property tax will be levied annually. The IBI applies to anyone who owns a home or other type of property in Spain.

The amount of the IBI is set by the municipality of the place where the property is located and is calculated on the cadastral value (valor catastral) of the property. If you have a home in Madrid but also a country house on the coast, both properties will be subject to a property tax, which may differ in assessment rate. The amount of the tax is subject to change.

It is not unusual for sometimes significant increases in the valor catastral to occur as municipalities strive to bring the valor catastral closer to the real market value of the property. More and more municipalities are revising cadastral values.

Most municipalities usually send out this annual tax assessment between June and October , showing the amount payable and the cadastral value along with the property number. It is best to check with your own municipality when the payment is due. This assessment can be paid in person at the municipality (especially the first time) after which one can order that this can be automatically withdrawn from the bank account in the future. Those who have an automatic order drawn up will be notified annually in advance (nowadays by email) about the tax to be paid, from which account it will come and when it will be withdrawn.

It happens in many municipalities that at the same time as the IBI assessment they also send an assessment for paying the tax for garbage collection (recogida de basuras). In addition, owners of parking lots may receive a separate assessment for the cadastral value of that parking lot or you may receive a separate assessment for having plants in your yard.

So you no longer need an intermediary to pay this tax. Many law firms or gestors charge you extra to keep this in order for you annually while this can be paid automatically. Through the IBAN, your international account number for payments across borders, you can perfectly have these taxes paid automatically every year through your bank account in your country of residence.

Legal News Resident Insurance

Delay animal welfare bill 2023

By dneutiens@segurantis.com

Just a little more delay in implementing the measures for dog owners

Neither insurance nor a course for dog owners will be mandatory from Sept. 29, 2023 (!). The government acknowledges that it cannot yet apply all the provisions of the Animal Welfare Law "Ley de Protección de los derechos y el bienestar de los animales.

We have waited a while with our communication and told our customers to be patient because we are in contact with several insurance companies, animal organizations and town halls and they already told us to wait with spreading news because they themselves had not yet received clear instructions on how the law will be applied. With this you are now informed about the latest substantiated news.

The lack of a specific regulation forces the postponement of the obligation of some items of the standard that takes effect Sept. 29.

The Animal Welfare Act will take partial effect. Mandatory liability insurance for dog owners, training courses for new owners and the creation of a national pet registry will not yet be a reality, despite the law going into effect on Sept. 29. The reason? These items required specific additional regulations describing their characteristics, and to date, this does not exist.

The Ministry of Social Rights this week sent a circular to veterinary associations and other relevant government agencies acknowledging that the obligation to obtain liability insurance for all dogs will be postponed until the specific regulations are approved. For now, the obligation will remain only for potentially dangerous dogs.

"In strict legal terms, it does not actually apply until the regulatory development of this provision has taken place in accordance with what is set forth therein," the circular says with regard to liability insurance.

"These regulations are in the form of a Royal Decree and a fully functioning government is needed to approve them," ministerial sources said, confirming that the text is ready to be given the green light, pending a change in the political situation.

For the same reason, the entry into force of the training course to own a dog, the national pet registry and the registry of authorized breeders will also be delayed.

Procrastination is not procrastination

Nevertheless, the implementation of the law will come, the only question is when. We ourselves have already taken the necessary measures and can insure your pet according to the legal requirements that are (not yet) applicable. The insurance can be purchased from 35 euros per year (if included in your home insurance).

The rates for dog insurance per se, suppose the law will require that every pet needs a mandatory separate insurance we can offer in different formulas. Where the insurance can be extended from the legally required for 75 euros per year to the mandatory insurance extended with legal coverage and / or medical coverage.

We will keep you posted as more news on the application of the law comes to light.

Thank you.

Below we give you again the full contents of the Animal Welfare Act.

"Spanish animal welfare law: When will it take effect and what are the novelties in 2023?"

Basically, the new animal welfare law consists of three fundamental pillars: stop sacrificing (sacrificio cero), stop abandoning animals (abandono cero) and stop mistreating animals (maltrato cero). This new law is an important step because one in three households in Spain has at least one pet. It is estimated that there are more than 29 million pets in Spain, with dogs being the largest group at 9.3 million, and in order to guarantee the rights of these animals, this animal welfare law was created.

The 10 key points of Spain's new animal welfare law

Although the law is still changing, here are already 10 key points you need to know:

1. Prohibition on leaving a pet alone more than 3 days, 1 day in the case of dogs

The law prohibits leaving our pet or companion animal alone for more than 3 days or 72 hours. This period is reduced to 24 hours for dogs, which must be accompanied before that time.

Moreover, it is also forbidden to regularly keep our pet on terraces, balconies, roof terraces, storage rooms, basements, courtyards and the like or vehicles.

2. The sale of dogs, cats and ferrets may only be made by authorized breeders, without the involvement of intermediaries

In this way, the sale of these pets is regulated, and only those breeders with the relevant licenses are allowed to carry them out. The participation of intermediaries in the process is prohibited, as well as sales by individuals.

3. The classification of potentially dangerous varieties (PPP) remains in place

One of the last-minute changes was the change in the Animal Welfare Act project regarding the PPP Act, which would be replaced by sociability testing and the new designation of special-use dog.

In other words, the breeds Pit Bull Terrier, Rottweiler, Dogo Argentino, Staffordshire Bull Terrier, American Staffordshire Terrier, Fila Brasileiro, Tosa Inu and Akita Inu remain potentially dangerous breeds with all the obligations this entails for their owners: administrative license, short leash, muzzle, not being able to run loose in areas suitable for other dogs. As well as obtaining insurance for PPP dogs specifically designed to protect these breeds.

Regardless, not all has been said, as the General Directorate of Animal Rights remains committed to the idea of repealing the PPP law and introducing a sociability test for dogs classified as potentially dangerous, as well as large dogs.

4. The killing of animals for economic reasons is strictly prohibited

In this way, killing our pets can only be done for health or medical reasons, never for a financial or economic reason.

5. Mandatory sterilization of all cats over six months old

All cats should be spayed starting at the sixth month of life, regardless of the cat's breed, sex or situation.

6. Mandatory identification of cats and ferrets, like dogs, via microchip

In this way, there will be more control over cats and ferrets, as is currently done with dogs. The goal is to reduce abandonment and control several aspects related to these pets.

7. Mandatory responsible dog ownership training, the content of which is yet to be defined

All people who want to have a dog as a pet must prove that they have taken a mandatory course for keeping a dog that will be valid indefinitely. The goal is to train citizens in the proper care and maintenance of their dog. This training will be mandatory for both new owners and those already living with their dog in the home.

8. Obtain and maintain dog liability insurance.

Although it was already mandatory to have liability insurance for dogs throughout the Madrid region, the Animal Welfare Law stipulates that it will be mandatory for all dogs in Spain to have third-party liability insurance, with the aim of insuring any damage they may cause. At Segurantis we have this mandatory insurance for your pet on offer. For a quote do not hesitate to contact us.

9. Future establishment of a list of pets that can be kept at home

Within 24 months of the law's entry into force, the regulation will be adopted that develops an open and national list that will indicate to citizens which species of animals can be kept at home by Spaniards, as well as those species that, although they have been pets in the past, cannot be kept after the new law comes into force.

10. Dogs engaged in specific work, such as hunting, herding or security services, are excluded from this new law

As specified in the Official Gazette, dogs with specific activities such as hunting, herding or security are not covered by this new law, so they do not have to comply with everything it stipulates.

What if you are not in compliance with these new regulations

Not having insurance under the new legislation will be divided into 3 types of penalties: a minor, serious and very serious violation. This will range from a warning if you are not in order to repeated disregard of the rules. Not having a Chip will immediately be counted as serious. Fines will range from light 500 euros to serious 10, 000 euros and a high probability of confiscation of the animal (and the associated costs).

Contact us to set up your liability insurance. Your can regulate as little as 35 euros per year. Contact us for terms and conditions.

Segurantis team is ready for you!
Taxation Legal News Resident

Fiscal residency - Fiscal residency certificate

By dneutiens@segurantis.com

If you come to settle in Spain you will have to follow a number of laws, at least if you want to be in order. A general rule that applies within the EU, where there is free movement of people, is that you are considered a tax resident in a country if you stay there for more than 183 + 1 days. You will not be notified or invited of this, it is a given, a status. This tax status means that the country in which you reside can demand that you pay taxes to them because you reside in that country the most (roughly; by your presence you tax that country and there is something in return).

Another form of residency is the European Residence Card, proof of entry in the register of European citizens - "Certificado de registro de ciudadano de la Unión Europea." This is the "green residency card" which was also previously simply an A-4 document with a green background. Fiscal residency and the European residence card often go together. One must apply for this status and depending on how you wish to settle in Spain (retired, active, inactive, benefit recipient, etc.) you will have to meet other administrative requirements.

Finally, there is a certificate of tax residency. This subject is less known and it is mostly residents in Spain who come into contact with it. The certificate of fiscal residency is what a resident needs, for example, if he or she wishes to sell a property in Spain (a property registered in your name) and avoid the 3% retention. So with this attestation you avoid the 3% retention that non-residents have to pay on a sale. Even if you have the green card and you have lived in Spain for more than 6 months you will still have to request this at testation when selling a property in Spain.

Important note, de Padron - empadronamiento - el certificdo de empadronamiento colectivo, is a certificate of registration in the municipality and says nothing at all about your residency. By being registered in the municipality of Spain says nothing about your fiscal, legal status wherever you are considered resident.

News Resident

Pensions in Spain

By dneutiens@segurantis.com
People photo created by bearfotos - www.freepik.com

Annually, residents residing in Spain will have to file their personal income tax return in Spain. This is an obligation for anyone living, working or retired in Spain. If you receive any kind of income inside or outside Spain, you will have to declare this income and depending on the amount of that income (pension, benefits, income from work or from an activity, ...) you will have to pay tax on it or not.

We annually take care of the file of residents in Spain and often receive the question or remark, especially from Belgian pensioners and benefit recipients, that they are shocked that they already have to pay tax in the first place and secondly about the amount of their tax due. This does not apply to retired civil servants because they remain taxed at source in the country where they did their career. But all other pensions and benefits are subject to the Spanish system.

The reason is actually quite simple, the Belgian pension and/or benefits for the disabled and long-term sick are among the highest within the EU. In Spain, according to the SMI - Salario Mínimo Interprofesional - more than 60% of pensioners receive less than the legal minimum pension of 1,000 euros every month, of which more than 10% even receive less than 500 euros. In many cases, it is a question of having worked for 38 years. To this should be added the fact that often the wife of a retired couple in Spain receives nothing or a pittance in the total sum.

Perhaps a message to those residents who are dissatisfied each year with their tax returns in Spain and their tax owed and yet take a moment to reflect on this fact. More than half of Spanish pensioners do not get by on their "small" monthly pension. If you find it unjust that Spanish pensioners are paid well below the legal minimum, you can help this group by making a donation. For more information please contact us. Go to the contact form and mention your desire to make a donation. We will then contact you.

Source : https://www.65ymas.com/economia/pensiones/pensionistas-vestidos-casa-papel-exigen-igualar-pension-minima-smi_37514_102.html

Legal News Resident

Registration Belgian embassy or consulate

By dneutiens@segurantis.com

The Belgian embassy or consulate are for Belgians travelling to or moving from Spain official centers where you can go for necessary administrative formalities.

Registration in the Consulate General is not mandatory but highly recommended once you become a resident in Spain. Only registered citizens can receive an identity card, passport or certificates. The Consulate General can also sign your proof of life, which you will need for your pension or other official purposes.

The Belgian consulate or embassy is best compared to "your town hall" for everything related to Belgian administration. Your Spanish town hall (el ayuntamiento) is there for everything related to your Spanish administration.

Three basic requirements to enroll:

  1. Being Belgian
  2. Have applied for de-registration from your Belgian municipality or are still registered in another Belgian embassy or consulate
  3. Being registered in a Spanish municipality

What do you need to submit of documents

  • Fill out and sign the registration form + participate in future elections
  • Certificate of registration in the Spanish municipality(volante de empadronamiento familiar);
  • Copy of your NIE and your Belgian identity documents.
  • For families, a registration form must be completed for each family member.
  • For minors and newborns please use the documents provided for this purpose.

How can you register?

  • By email
  • By post
  • Online
Taxation Non-residents News Resident

Fiscal calendar 2022

By dneutiens@segurantis.com

As every year, in the first weeks of the new year, we publish the tax calendar/agenda with important dates for both residents and non-residents. Always keep in mind that each personal situation has to be looked at separately, but roughly speaking, below are the most important dates to put in your agenda.

Important dates non-residents

  • Non-residence tax 2021 throughout calendar year 2022 if you do not rent out the property - Segurantis launches campaign in September
    • If you do rent out the property, you must submit a declaration per quarter rented out and before the 15th following the quarter.
  • Wealth tax: if the deed of sale exceeds 700,000 euros (we take this as a reference amount but it can vary from one autonomous region to another) - at the latest on 30 June

Important dates for both residents and non-residents

  • Property tax - IBI - (always consult your local authorities for the exact dates):
    • Alicante region during the period March/June
    • Murcia Costa during the period April/September
    • Townhouses in Murcia during the period May/June
    • Torrevieja, Guardamar, Santa Pola, Rojales, Orihuela, Orihuela Costa, Los Montesinos, Gran Alacant, San Miguel de Salinas, Castalla, Muchamiel, Benidorm, Villajoyosa, Altea, Calpe, etc. (SUMA) during the period July/August/September
    • Second period for town houses in Murcia and country houses in September/October
    • Málaga region in June/July/August
  • Road tax - IVTM - (always consult your local authorities for the exact dates)
    • Between 7 March and 10 May
    • Also the private parking signs for your driveway
  • Dirt collection fees, garden planting fees, etc. may or may not apply in each municipality.

Important dates for residents

  • Foreign capital - Model 720 - between 01 January and before 31 March of the current calendar year
  • Income declaration 2021 - Model 100 - between 01 April and before 30 June of the current calendar year
  • Wealth tax - Model 714: if your wealth (domestic + foreign) exceeds 700,000 euros (we take this as a reference amount but it can differ from one autonomous region to another) - before 30 June of the current calendar year

What can Segurantis do for you?

Go to the overview of our services.

Crypto Taxation News Resident

M 720 - Declaration of foreign assets

By dneutiens@segurantis.com

Form M 720 for residents

On the 1st of January the declaration period for foreign assets starts if you are resident in Spain. It is important that this informative declaration of your assets abroad is completed. From this year on wards (2022 => 2021 taxable year) all crypto coins held abroad have to be declared as assets. If you have crypto coins in your possession, it is advisable to contact us to find out whether or not you need to declare these assets.

What is M 720?

Click on the button below to learn more about model 720. The article has been updated recently.

What can Segurantis do for you?

Go to the overview of our services.

Legal News Resident

The proof of life

By dneutiens@segurantis.com
Business photo created by katemangostar - www.freepik.com

Federal Pension Office - Life insurance certificates

If you live abroad and receive income from Belgium (e.g. a pension), you should take into account that you still have administrative and tax obligations towards Belgium. Failure to keep these obligations in order entails a risk of cancellation or cessation of your income.

What is the proof of life?

Pensioners who receive a benefit from the Federal Pension Service (FPD) and who are not domiciled in Belgium must submit a life certificate every year. This form must be returned to the Pension Service within 30 days of receipt (by post or via www.mypension.be). If not, you risk having the payment of your pension suspended.

Keep in mind that if you receive a pension from Belgium, you must also submit an annual declaration in the BNI - Tax Declaration of Non-Residents (Belgian non-resident with a form of income from Belgium).

Why should you do this annually?

You have to do both administrative tasks every year because the FDB is not automatically informed by the foreign services of any change in your place of residence, civil status, nationality, death, etc.

How do you fix this?

  1. Date and sign the front of the form.
  2. As a Belgian national, you have the reverse side of that form filled in by either:              
    • The Belgian Embassy of the country where you reside
    • The Belgian consulate of the country where you reside
    • The local competent authorities; town hall, mayor, police, ...
  3. If you are recently married, divorced, remarried, a widow/widower - you need to add a certificate of this
  4. Send the form to the Federal Pension Office

What can Segurantis do for you?

Go to the overview of our services.