Terms and Conditions
- The web: SPT
- Client: The Non Tax Resident in Spain who engage the service of this page.
- Non Tax Resident in Spain: Who is a tax resident in Spain then?
Basically, whoever stays more than 183 days in Spain in a calendar year unless another tax residence is proven. In order to count the 183 days you do not have take into account the temporary and occasional holidays (i.e, holidays. So if somebody spends two weeks abroad on holiday is like they have been in Spain in order to count the time to take into account to calculate the 183 to consider someone as tax resident in Spain or not).
Unless proven otherwise, the law understands that somebody is tax resident when their spouse and minor and dependent on them children reside in Spain according to the 183 days in Spain rule.
In Spain the tax year matches the calendar year (from January the 1st until December the 31st).
The service provided is to submit the Non Tax Residents Income Tax using the necessary form or foms 210 with regards to the ownership of or any kind of enjoying rights on a property in Spain by Non Tax Residents.
- Contract: the present Terms and Condition of the Service (TCS from now on).
- “A property”: It means any property with an independent tax reference.
When this web says “a/your property”, it means andy property with an independent tax reference in the Catastro. Sometimes, one tax reference includes a dwelling plus a garage and a store room for instance. On other occasions one tax reference is related only to one garage or to one store roome. It depends. For the puroposes of this page, “property” refers to a property with an independent tax reference in the Catastro. So if you wish to calculate your taxes with SPT and you own an apartment with a garage with different tax references in the Catastro you can calculate your taxes independently for each property at SPT.
- Service: the tax service consisting on submitting and paying the Non Tax Resident Income Tax with regards to the ownership or enjoying rights on a property in Spain.
3. VALIDITY OF THE CONTRACT
These TCS will apply once they are duly accepted by means of the payment made by credit card.
4. LEGAL CAPACITY
Pursuant to applicable law, to be the recipient of legal services provided by the web, the client must have the legal capacity to contract established by the law of the country of their nationality. For information purposes in Spain that age is of 18 years.
Taking into account that minors are able to own property in Spain or have enjoying rights on real estate and therefore could be liable of Non Tax Residents in Spain the person dealing with the web on their behalf will always have legal capacity according to the previous paragraph even in the case that they are not the legal representatives of the minor and they are acting just as their representatives in a specific situation or as a matter of fact.
The fixed fees for the service are of €60 plus VAT at the current rate (21% currently) for the necessary tax forms to submit. If there is any change on the VAT rate it will be applicable since the tax regulations states so even if SPT do not give notice of that change.
The fixed fees will only change if specifically published in the present TCS and subject to the applicability conditions set in that publication.
6. BUSINESS DAYS
Always ON on the web.
7. PROVISION OF THE TAX SERVICE
7.1. Engagement of the service
The service will be properly engaged when the client has provided all the necessary details to produce and submit the tax form and paid in advanced the corresponding amount of the tax due and legal fees.
7.3. Parties' rights and obligations
- To get the service provided on time and as quick as possible.
- To retrieve their consent to receive electronic invoices and receive instead printed invoices.
- The client has the right to cancel the service application during the next 14 days after the application was made unless the service has been already completely provided by the SPT. The cancellation will have to be always in writing and by email to the following address: email@example.com.
- When correctly cancelled the service application the ight to receive the money back from the web at the earliest possible time and always before 14 calendar days.
- Payment. Pay the service by debit or credit card in advance. The payment will include the tax bill plus the legal fees. The client understands and accepts that the service provided has a price that has to be paid in advance.
- The client commits to use a debit or credit card which they are the title holders of. The client may use any credit card which they are not the title holder of and in these cases the client declares that they have the authorization from the rightful title holders of the credit card used and they state that they are legitimate users of the said cards absolutely under their liability.
- Provide correct and true information. All the information provided must be correct and true otherwise the consequences could be either that the SPT will not be able to provide the service at all or that will provide the service communicating the tax authorities incorrect information which could mean sanctions to the client. Also, the web could ask for the corresponding damages and compensation caused by the untrue and incorrect information provided either economic or to the SPT reputation.
- The client accept that the web will contact to manage the forthcoming tax years' Non Resident Income Taxes assuming that the client's circumstances remain the same and they wish to engage again SPT’s service. If the client do not wish to be contacted they are kindly asked to instruct so either by email to the following email addres: firstname.lastname@example.org, or by the contact form providing sufficient information to identify themselves, or by any other valid contact mean.
- The client accepts specifically that they will receive an electronic invoice of the service. In the case they withdraw this consent to receive electronic invoices SPT will send printed invoices to the clients.
To receive the service's fees.
- To show a complete and accurate breakdwon of the concepts to pay before asking for the service payment.
- To provide the service as quick as possible. The service will have to be provided as soon as possible taking into account the amount of services to provide at a given time and also the deadline to submit the tax forms 210 which is December the 31st of each year.
- To issue a receipt of the service order.
- To issue a receipt of the payment and invoice.
- Customer service. SPT offers a customer service support at the following email address: email@example.com, by the contact form of the web providing enough true information to identify the client, or by any other valid and effective contact mean chosen by the client.
- To issue printed invoices when the client correctly withdraw the consent to receive electronic invoices.
- When correctly cancelled the service application SPT will pay the money back to the client at the earliest possible time and maximum within before 14 calendar days.
All payments should be made by debit or credit cards and are dealt through our secure systems.
CREDIT CARD FRAUD
Fraudulent use of credit cards, or denial of payment transaction for any reason shall entitle SPT to cancel the contract if possible, without prejudice to the civil and criminal liabilities that may correspond.
SPT reserves the right to modify these TCS. The new TCS will be in force once published. SPT will notify the specific applicability conditions of the changes if different from the general rule of immediate application once published.
CUSTOMER INFORMATION AND DOCUMENTATION
SPT treats the information and documentation received or facilitated in any way by the client in strict confidentiality. Also, SPT warns the client that as a provider of legal services, may be required to disclose information to the relevant court or administrative authorities due to money laundering, terrorism prevention regulations and any other legal one.
COMMUNICATIONS BETWEEN THE PARTIES
The client accepts unencrypted email as a way of standard communication between the parties. The client exempts SPT from any liability with regards to technical errors such media may suffer except in the case of an error attributable to SPT.
However, the web uses SSL technology which makes all data transfer within the web SPT as secure as possible taking into account the technology state of the art.
COPYRIGHT AND INDUSTRIAL
SPT owns all rights of intellectual property on this site and its content, logos, images, etc. being the holder of all rights of exploitation, use, public communication thereof and prohibiting such rights to any third party without express authorization of SPT.
These TCS in force when the parties enter into a relationship through this site shall be construed as a whole. Should it be determined by the competent authority the invalidity of any or some of these TCS the rest of them remain in force if possible. In case of doubt, general conditions must always be construed in the most favourable manner to the client / consumer.
LAW AND JURISDICTION
The contracts between the parties are submitted to the Spanish law in all cases except where a mandatory law determines something different and any questions that may arise in the development, implementation and application of such contracts will be settled before the courts and tribunals of the of Alicante city (Spain) and their superiors unless by law cannot be applied this court submission due to consumers' regulations mainly but not limited to.