April 2023

Belzuz Abogados S.L.P., is pleased to invite you to the Seminar on Labour Law compared Portugal - Spain, which will take place on 24 May 2023 and will be of a hybrid nature.
This seminar will discuss the new changes to the Labour Code, the reform of which is expected to be published shortly.
We will count with the participation of the accounting and payroll company, Nominaurea, which will also address some practical aspects of accounting in line with the reform

Programme & Registration

Insuralex "Global Insurance Lawyers Group, LatAm Members" and Belzuz Abogados S.L.P. are pleased to invite you to the Insurance Community Meeting, which will consist of a round table and cocktail at the Hotel Emperador in Madrid, which will take place on 12 June 2023.
Programme & Registration
Income Tax Campaign 2022 in Portugal

We inform you that the 2022 Income Tax Campaign in Portugal started on 1 April and will last until 30 June 2023, which will be the last day to file the Income Tax Return through the electronic platform of the Portuguese Tax Authorities.

The obligation to file a tax return in Portugal applies to all taxpayers who are registered as resident in Portugal for tax purposes and are not exempt on the basis of the amount or nature of their income.

Foreign citizens or nationals residing abroad may also be subject to this tax liability, even if they are registered as non-resident for tax purposes in Portugal, if they have obtained certain types of income in Portugal during 2022. This includes income from real estate capital or real estate capital gains obtained in Portugal, as well as persons who are registered as self-employed.

It should be noted that the Portuguese Tax Authorities have information on transactions involving the transfer of real estate located in Portugal and, therefore, in the event that non-resident taxpayers do not declare the income obtained in Portugal, they will be notified by the Tax Authorities and will be subject to the corresponding fines. It should be noted that, even if the sale has resulted in a loss, the obligation to file a tax return remains.

We would like to point out that the obtaining of real estate gains by non-residents for tax purposes in Portugal can be optimised, considering that the Portuguese courts have been upholding non-resident taxpayers who challenge before the Courts the tax assessment made by the Tax Authority, according to which they apply the rate of 28% on the totality of the gain obtained, by virtue of the discrimination that this calculation entails compared to the taxation applicable to residents.

Our Tax Department in Portugal is available to provide all the necessary assistance in the filing of the annual tax return, confirming whether the obligation is applicable, whether any exemptions apply and, in particular, whether there are any tax saving opportunities.

POSTS

Commercial and Corporate Law Department
» SpainAI (Artificial Intelligence) and its impact on the world of law

» SpainEssential characteristics and differences between the creation of a "subsidiary" and a "branch" company from the point of view of a potential foreign investor

Insurance Law Department
» Spain Damages caused by defective products. Its regulation in Spanish and European Law. Case law on the subject.
» Portugal Find out what are the changes in the level of information reporting that the ASF intends to implement for insurance companies.


Labor Law Department
» SpainDismissal during the trial period classified as 'null and void', when the worker is on temporary disability

Département du Droit Commercial et des Societés
» Espagne - Caractéristiques et différences essentielles entre la création d'une "filiale" et d'une "succursale" du point de vue d'un investisseur étranger potentiel

COMMERCIAL AND CORPORATE LAW DEPARTMENT

 
Spain- AI (Artificial Intelligence) and its impact on the world of law
 
Brief analysis of the most relevant changes that AI can bring about in the field of law.
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)

 
Spain- Essential characteristics and differences between the creation of a "subsidiary" and a "branch" company from the point of view of a potential foreign investor
 
Explanation of the basic differences between a "subsidiary" and a "branch" in Spain. Main requirements and formalities for the creation of such corporate vehicles by a foreign company.
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)

INSURANCE LAW DEPARTMENT

 
Spain - Damages caused by defective products. Its regulation in Spanish and European Law. Case law on the subject.
 
At Belzuz Abogados, as expert lawyers in Insurance Law, we frequently come across claims based on damages caused by defective products. The purpose of this article is to examine the Spanish and European legislation in this area, as well as the interpretation and solutions offered by case law
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)


Find out what are the changes in the level of information reporting that the ASF intends to implement for insurance companies.
 
A draft of the ASF Regulatory Standard, which aims to implement a set of changes in terms of the provision of information to insurance companies for supervisory purposes, is in public consultation until 12 May. It is therefore important to be aware of these new developments and possible implications for supervised entities, so that they may, if they so wish, submit suggestions for amendments to the ASF.
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)
 

LABOR LAW DEPARTMENT

 
Spain - Dismissal during the trial period classified as 'null and void', when the worker is on temporary disability
 
We review the arguments that explain the nullity of the dismissal during the trial period by the side of the company in relation to a worker who was on temporary disability, and additionally, we bring up the doctrine dictated by the courts in other cases of dismissal of employees on medical leave.
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)

DÉPARTEMENT DU DROIT COMMERCIAL ET DES SOCIETÉS

 
Espagne - Caractéristiques et différences essentielles entre la création d'une "filiale" et d'une "succursale" du point de vue d'un investisseur étranger potentiel
 
Une récente modification législative impliquera deux changements importants dans le régime des loyers et des charges dans les baux urbains, à savoir la réduction du délai de paiement anticipé des loyers et la fixation d'une valeur maximale pour les garanties.
Regime Excecional para Dispositivos Médicos (DM) e Equipamentos de Proteção Individual (EPI)
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