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Finance & Taxes

A GESTOR OR LAWYER IN SPAIN, WHAT IS THE DIFFERENCE?


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Spain is notorious for its bureaucracy, but a person who can help you with such processes is a "gestor". The role of the gestor is something typical of Spain. A gestor can make your life in Spain much easier. Below, we explain what a gestor is and what they can do for you.


WHAT DOES A GESTOR DO IN SPAIN?

The best way to describe the role of a gestor is someone who helps you with administration in Spain. The reason behind this, especially for foreigners in Spain, is that a gestor knows their way around the Spanish administrative bureaucracy. However, keep in mind that in most cases, they cannot do much more than you as a citizen can.

WHAT ARE THE BENEFITS OF USING A GESTOR IN SPAIN?

The main benefit of using a gestor in Spain, especially if you are a non-resident, is their knowledge of the Spanish system and how things work. For example, when it comes to paperwork or the famous "modelos", a gestor knows exactly how to correctly fill out the necessary forms and navigate the different stages in the process to get things done as quickly as possible.

WHAT CAN A GESTOR HELP ME WITH?

Here are some of the most common matters a gestor can help you with:

  • Applying for a residence permit
  • Obtaining an NIE or TIE (TIE is a physical card that also contains your NIE number, while the NIE number itself is just your identification number. The NIE is unique and permanent, it does not expire, unlike the TIE.)
  • Opening a Spanish bank account
  • Everything related to buying a car in Spain (including car registration and driver's licenses)
  • Self-employment paperwork and social security
  • Filing your taxes
  • Declaring rental income correctly

Is there anything a gestor cannot do in Spain?

A gestor is not a qualified lawyer and cannot provide legal advice for this reason.

Additionally, they are not accountants and cannot provide tax advice or calculate your taxes (although they can help you fill out your tax return). They are only there to assist with basic administrative issues.

HOW MUCH DOES A GESTOR COST?

Gestors in Spain charge fees for their services, depending on the services you need and the gestor you use, as there is no standard rate. Make sure you are fully aware of all costs before signing anything, as well as the amount of time the process will take.

HOW DO I FIND A GESTOR?

If you are looking for a reliable gestor who speaks Dutch or English, it is best to rely on recommendations from others who have previously used a gestor in Spain, including consulting online forums for foreigners or Facebook groups. If this is not possible, the Consejo General de Colegiados de Gestores Administrativos has an online database of all registered gestors in Spain on their website. On this website, you can search for a registered gestor by location (province or postcode) or by their field of expertise (real estate, taxes, etc.). Please note that the website is only available in Spanish.

WHAT IS THE DIFFERENCE WITH A LAWYER?

A lawyer can provide you with legal advice, while a gestor cannot. The lawyer carries responsibility and is also civilly liable.

When buying a house in Spain, a lawyer does what a notary does in Belgium/Netherlands.

The lawyer investigates whether the house and the owner are legally in order. This prevents unpleasant surprises during the purchase. They check if:

  • The person selling you the property is indeed the lawful owner of the property.
  • There are no building violations.
  • The property has the correct permits.
  • There are no tenants living in the property.
  • The property is not involved in any debt arrangements.
  • The property is insured (in the case of new construction).

The lawyer also takes care of the registration of the deed.

A tax advisor can also provide advice on taxes, purchase structures, and any regulations regarding inheritances. They can help with the practical and organizational aspects of wealth succession and estate planning. They specialize in tax law and regulations.

Tip: Choose a lawyer who speaks your language, whom you trust, and whom you can rely on.

WHAT DOES THE NOTARY DO?

In Spain, the notary conducts the necessary searches at the Registro de Propriedad, collects taxes for the Spanish state, drafts the deed, but is not responsible for the accuracy or completeness of the content of the deed (Escritura). They are merely witnesses to the signing of an agreement.

Sabine Lamoral

Sabine Lamoral

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