Del Canto Chambers – the Anglo Spanish Chambers with offices in London, mainland Spain and the Balearic Islands.
If you are an individual, solicitor, accountant or financial adviser who needs assistance relating to litigious issues concerning business, property or commercial investments in Spain, Del Canto Chambers have dual-qualified members operating from our offices in London, Madrid, Barcelona, Galicia, Marbella, Mallorca & Ibiza who can help.
We have been asked to act in an increasing number of disputes resulting from the consequences of Brexit and its impact on cross-border disputes, particularly the applicable law, jurisdiction, and enforcement of civil and commercial judgements between the EU and the UK.
Our dispute resolution practice is dedicated to the resolution of complex and/or international cases, representing clients in litigation and arbitration. If your case involves any assets or investments in Spain, we can conduct identification of the options available, guide you through the process and help you avoid any potential pitfalls. Our team comprises English speaking Spanish dispute resolution lawyers, experts in their own jurisdiction, who can provide a seamless transition between the English and Spanish systems.
Our client range is highly diversified, ranging from multinational, foreign and local corporations, through mercantile and investment banks or hedge funds to medium-sized businesses, and private individuals.
Major international law firms, including foreign firms with Madrid or Barcelona offices that have no court experience in Spain, regularly ask us to defend the interests of their clients before the Spanish and EU courts.
Our strong litigation team represents clients before Spanish domestic and EU courts (including the Supreme Court and the Court of Justice of the European Union), international and domestic arbitration. We coordinate proceedings in more than one jurisdiction.
Our litigation lawyers provide advice and act at all stages of the litigation, including ordinary appeals against decisions by the first instance courts. We are specialists in the preparation of appeals before the superior courts and the Spanish Supreme Court. We are frequently requested to appear before the courts to enforce English judgments and decisions in Spain. Enforcing a court decision before Spanish courts involve new proceedings requesting the reimbursement of a sum of money, the right to have an action carried out or not carried out, or that a recognised right be fulfilled by registration in the relevant public registry, depending on the order.
We can assess the risks, costs, procedures and advise on the best strategies when dealing with the judicial system in Spain. If there is a cross-border element our dual-qualified lawyers will be able to advise on the regulation and associated implications.
Areas we advise on include:
Our commercial litigation practice is robust and meticulous in representing our clients in major and complex litigation cases throughout all stages of the disputes before national courts, including pre-action claims, interim measures, design of legal strategy, pleadings, etc. We have represented clients in virtually every type of business and commercial dispute and routinely assist our clients with pre-emptive advice on potentially contentious aspects of major corporate and commercial transactions. Our clients often seek aggressive, trial-ready advocates who will demonstrate both the client’s legal resolve and its readiness to pursue its legal remedies through a trial.
We represent clients in post-closing disputes arising from private mergers and acquisitions transactions. We offer comprehensive and strategic solutions to relevant issues based on our experience in the corporate acquisition industry, including busted deals and material adverse change provisions, breach of contract (reps & warranties), purchase price adjustments.
Clients trust our reputation for detailed and practical advice in all types of litigation and arbitration on corporate-related matters. We represent clients in all industries in and out of court, and provide tailored advice for shareholders in derivative actions, minority oppression claims, removal of company directors, etc.
We represent both Intellectual Property owners and accused infringers in every key intellectual property litigation court in Spain. We know how to get results for our clients. From corporate to private client litigation, we try to define a clear strategy to meet your ends.
We have vast experience litigating with the Spanish Tax office, so are well-placed to advise you on how to use litigation tactics to bring a prompt resolution to your dispute, including settling open investigations. The relationship with the Spanish Tax Office is not usually straightforward, on contentious matters. Managing tax litigation and investigations requires a specialized team and expertise on Tax Law, the legal process and the many accountancy and tax rules involved. Our team of double qualified tax lawyers provides expert advice on what can be a complex process.
We assist our clients in managing their real estate disputes from initial advice on the early stages of a dispute to technically complex litigation, as well as asset management of large-scale property portfolios. But when disputes arise, we draw on a range of experience from the highest level of complex litigation before the superior courts, to routine debt recovery, to give you the reassurance you need.
We provide specialist advice on construction and engineering disputes, acting for a diverse client base of contractors, private developers, funders and other stakeholders involved in high value construction and engineering work. We have advised on a broad range of projects including commercial, industrial, retail, hotel and leisure, energy and other major projects such as large engineering schemes and infrastructure projects.
We specialise in complex, high-value, high-profile disputes in banking and finance operations. We have experience of a diverse range of banking and financial markets disputes, often against major investment banks representing our clients, typically hedge funds, private equity firms, commodity houses, family offices and high-net-worth individuals.
Our Asset Tracing and Recovery services penetrate efforts to shield cash, real estate, corporate holdings, financial instruments, commodities, and other tangible and intangible assets in Spain. We are experts in tracing funds and identifying assets, helping clients enforce judgements, arbitration awards, and recover assets in the aftermath of disputes, frauds or banking collapses.
We assist our clients to enforce a judgment or equivalent decisions before the Spanish jurisdiction. After the Brexit transition period enforcement of judgments between the UK and EU member states will essentially be countries’ national laws including the “exequatur” court proceedings to obtain first a recognition and finally the enforcement of the judgement.
At Del Canto Chambers, our Commercial Litigation area routinely advises clients who find themselves subject to a freezing order, as well as clients who wish to obtain an order. We can assist with every aspect of dealing with freezing orders in Spain with the power to restrain all types of assets, including bank accounts, shares, homes, land and cars.
Our Shipping and Transport area has the specialist experience to understand your business needs and the capacity to handle all areas of shipping litigation work. We frequently represent our clients in high profile disputes on cross-border and jurisdictional disputes involving complex legal and commercial shipping problems.
Our experience in International Commercial Arbitration expands to many economic sectors and areas, such as construction, real estate and engineering, energy (oil & gas) and civil liability, among others. We also handle disputes arising from commercial distribution and agency, mergers and acquisitions, joint ventures, shareholders agreements and corporate disputes. We are well versed in arbitration and related court proceedings, such as jurisdiction challenges, freezing orders and the enforcement of arbitral awards. Our expertise is reflected in the wide variety of clients for whom we act including airlines, ship owners, gas and oil companies, traders and entrepreneurs. We never lose sight of the commercial realities, consequences, the pressures and priorities that our clients have to face every day.
Our team comprises English speaking Spanish dispute resolution lawyers, experts in their own jurisdiction, who can provide a seamless transition between the English and Spanish systems. If you are looking for representation or legal advice that could end up in court and need litigation in Spanish, having worked on over 500 cases globally our team of lawyers are qualified to assist you in London and Spain and can advise you on your chances of success.
Del Canto Chambers’ dual-qualified, multilingual tax lawyers have handled over 500 complex cases from Europe, the Middle East, Latin America, and Asia. Discerning London-based and international clients, corporations, solicitors, and tax advisors count on our expertise.
You can more about what clients have to say, about working with Del Canto Chambers here below.
The Beckham Rule is a special Spanish tax regime for expatriates. It allows qualifying individuals to pay a flat tax rate on employment income and to be treated as non-residents for certain other tax purposes.
Any individual who moves to Spain for professional reasons and has not been tax resident in Spain during the five previous tax years may apply. This includes employees, remote workers, directors, and certain entrepreneurs.
Qualifying income is taxed at a flat rate of 24% up to €600,000. Income exceeding that threshold is taxed at 47%.
You must not have been considered a tax resident in Spain during the five tax years immediately preceding your relocation.
Your move to Spain must be for genuine employment or professional reasons, such as:
Holding an employment contract with a Spanish or foreign companyWorking remotely from Spain under a Digital Nomad Visa
Acting as a highly qualified professional or entrepreneur conducting a business activity in Spain
Serving as a director of a company, provided that—if the company is asset-holding—you hold no more than 25% of its shares
You must apply for the regime within six months of registering with the Spanish Social Security system (Seguridad Social). This deadline is strictly enforced.
The regime applies for a total of six tax years: the year you become a Spanish tax resident and the following five full years.
The regime applies for a total of six tax years: the year you become a Spanish tax resident and the following five full years.
Under the Beckham Rule, all employment and professional income is taxable in Spain, regardless of where it is earned. However, income from non-Spanish sources—such as interest, dividends, investment income, and capital gains—is not subject to Spanish tax.
You are only subject to Wealth Tax and Solidarity Tax on assets located in Spain. Foreign assets are excluded from the Spanish tax base during the six-year period.
Your spouse and dependent children under 25 (or of any age if legally disabled) may also benefit from the regime, provided they meet the requirements and file separate applications.
If you move to Spain to act as a director, you may apply regardless of your shareholding. However, if the company is an asset-holding entity, your ownership must not exceed 25%.
If you cease to be tax resident in Spain before completing the six-year period, you will automatically lose the benefits of the regime. From that point onward, you will be taxed under the general Spanish tax system, which includes progressive rates and worldwide income taxation.
Del Canto Chambers has a specialised team ready and eager to support you to apply for Spanish nationality. If you are interested in applying and would like to know if you are eligible, we would be delighted to help you.
Del Canto Chambers specialists are constantly up to date with new legislative changes and aware of any Spanish tax and legal implications. Contact our Spanish legal and tax specialists to find out the best tax planning and corporate structures in your circumstances.
At Del Canto Chambers we are always sharing our knowledge and act as an active voice across different media. The following articles and news are related to and relevant for Real Estate Sale & Purchase and Spanish Tax Law.
Spain’s “Beckham Law” (Article 93 LIRPF) remains one of the most attractive tax incentives in Europe for foreign professionals relocating to Spain. Named after the footballer who famously benefited from
When footballer Kylian Mbappé moved to Real Madrid, or when tech entrepreneur Daniel Ek relocated from Sweden to the UK, the media focused on transfer fees and business deals. But
Here’s a question that might make you spit out your tea (or café con leche): Which country is most similar to Britain? If you guessed Denmark, Sweden, or perhaps Canada,
In accordance to the Bar Standards Board, we hereby inform you that you may contact us for a quotation.
