Question 1

What should I do if I receive a tax inspection notice?

Accepted Answer

First: don't respond without professional advice. An inspection has clear rules, and its scope is defined in the initial notice (Art. 147 LGT). You are not obligated to provide more than what is legally required. Check the deadlines: the AEAT has 18 months (extendable to 27 in certain cases, Art. 150 LGT). If exceeded, procedural consequences work in your favor. Check the statute of limitations: only the last 4 non-prescribed tax years can be reviewed (Art. 66 LGT). Most importantly: every document you submit and every submission you make builds your position. Don't leave the defense until the end. At Taxley, we prepare it from day one.

Question 2

When does it make sense to create a family holding?

Accepted Answer

A holding is not just for large fortunes. If you have more than one operating company, real estate mixed with business activity, or need to plan generational succession, a holding may be the structure you need. Advantages: tax consolidation (95% dividend exemption between group companies), asset protection (separation of risky activities), and succession planning (you transfer holding shares, not individual company shares). The operation can be carried out tax-neutral under the special restructuring regime (Chapter VII, Title VII Corporate Tax Act), provided valid economic reasons exist. The most common mistake: creating a holding without real economic substance. The AEAT requires economic motives beyond mere tax savings.

Question 3

Can I appeal a tax assessment? Is it worth it?

Accepted Answer

Yes, you have the right to appeal. The channels are escalated: optional appeal (1 month) or administrative claim before the TEAR (1 month), then appeal before the TEAC if the amount exceeds €150,000, and finally judicial review before the TSJ or the National Court, with the possibility of cassation before the Supreme Court. The key: evaluate real chances of success before appealing. We review recent Supreme Court and TEAC doctrine on your specific issue. If the position is weak, voluntary regularization may be better (Art. 27 LGT): you pay the amount with a 1-15% surcharge, but no penalty. If you appeal, you can request suspension (Art. 233 LGT) to avoid payment while the case is resolved. We only recommend appealing when there is solid foundation.

Question 4

How do you plan the succession of a family business?

Accepted Answer

With a family protocol that combines tax, legal and emotional aspects, because succession is not just a tax problem: it's a family problem. We design the optimal corporate structure (holding + operating companies), succession agreements, coordinated wills and the tax implications of the transfer. In Andalusia, the 99% inheritance tax relief applies under certain requirements (family business, 5-year maintenance, real economic activity). But if you don't plan, your heirs may end up selling the business to pay taxes. The time to plan is now, not when there's already a health problem or a conflict between siblings.

Question 5

How are you different from a traditional bookkeeping or advisory firm?

Accepted Answer

A bookkeeping firm files forms. A traditional advisory submits returns. We design strategies. We combine lawyers and economists under one roof, with experience in tax inspections, corporate restructuring, holding creation and court appeals. Operations that a bookkeeping firm cannot handle because they lack the profiles and experience. Additionally, we have our own digital platform (clientes.taxley.es) where clients access their documents, case files and communications in real time. When your usual bookkeeper tells you nothing can be done about an inspection, we find three alternatives. That's the difference.

Question 6

What is Verifactu and how does it affect my business?

Accepted Answer

Verifactu is the AEAT's new system to ensure the integrity of invoicing records. All businesses and self-employed individuals must adapt their invoicing software to meet the technical requirements of Royal Decree 1007/2023. In practice, this means every invoice you issue will be recorded in a way that cannot be altered, eliminating the possibility of double bookkeeping. If your current software doesn't comply with Verifactu, you need to migrate before the mandatory deadline. We analyze your situation, verify if your current system is compatible and guide you through the transition.

Question 7

What if my current advisor gave me an answer I'm not convinced about?

Accepted Answer

Get a second opinion. It's not a betrayal of your advisor, it's an act of responsibility toward your business and assets. At Taxley, we review your case with fresh eyes, looking for what others haven't examined: tax alternatives, defensive arguments before the AEAT, more efficient structures. We do this with complete confidentiality and without creating conflict with your current advisor. In our experience, there are always alternatives. The key is having the right perspective to find them.

Question 8

What are the risks of not properly documenting related-party transactions?

Accepted Answer

Many. Art. 18 of the Corporate Tax Act requires that related-party transactions be conducted at market value and properly documented. If the AEAT detects that you haven't correctly valued a related-party transaction (for example, rentals between your company and yourself, or services between group companies), it can adjust the tax base and impose a 15% penalty on the adjustment, which can become 100% if there's economic damage. Additionally, if transactions exceed €250,000 annually, you must file Form 232. Undocumented related-party transactions are one of the most frequent and expensive tax contingencies we find.

Question 9

Can I restructure my company without paying taxes on it?

Accepted Answer

Yes, if the transaction qualifies under the special restructuring regime of Chapter VII, Title VII of the Corporate Tax Act. This regime allows mergers, spin-offs, business branch contributions and share exchanges with tax neutrality — meaning the transaction doesn't generate taxation at the time. But it has two fundamental requirements: valid economic reasons must exist (not just tax savings) and the AEAT must be notified. If the transaction lacks real economic substance, the AEAT can apply the anti-abuse clause of Art. 89.2 and regularize the entire transaction with interest and penalties. We design restructurings that withstand any review because we base them on real business reasons.

Question 10

What anti-money laundering obligations does my company have?

Accepted Answer

If you're a regulated professional (lawyers, tax advisors, auditors, accountants, per Art. 2 Law 10/2010), you have due diligence obligations: formally identify clients (ID/tax number, deeds, powers of attorney), identify the ultimate beneficial owner (individual with >25% of capital), document the purpose of the relationship, and maintain ongoing monitoring. You also need an AML Manual, annual staff training, and must keep documentation for 10 years. Penalties for non-compliance are severe: up to €10M or 10% of turnover for very serious offenses. Taxley complies with all these obligations and helps business clients implement their own KYC protocols.

Question 11

How do I protect my personal assets if my company has problems?

Accepted Answer

Asset protection starts before problems arise. When debts already exist, options are drastically reduced and any transaction can be challenged as fraudulent conveyance (Art. 257 Criminal Code). Legal tools: separate business and personal assets through proper corporate structure (holding + operating companies), properly capitalize your companies, take out liability insurance, and plan succession to protect your family. If problems already exist, we can assess the Fresh Start Law (debt discharge), out-of-court payment agreements, or debt restructuring. The important thing: every day you spend without protecting your assets is a day of risk.

Question 12

What are the advantages of having a digital client portal like clientes.taxley.es?

Accepted Answer

24/7 access to your tax, labor and accounting documents from any device. No waiting for your advisor to reply to an email to check your return status. No calling to request a copy of an invoice. No office hours. Plus, communication is recorded and traceable: nothing gets lost in email threads or WhatsApp. It's the difference between a 21st-century firm and one still running on physical folders and phone calls. Our portal is not generic software — we developed it in-house to fit exactly how we work with our clients.

Question 13

What is due diligence and when do I need it?

Accepted Answer

Due diligence is a thorough audit of a company before buying it, merging with it, or receiving investment. We review the actual accounts (not what they show you), hidden tax contingencies (pending inspections, misapplied tax losses, undocumented related-party transactions), labor risks (lawsuits, incorrect professional classifications), and non-obvious contractual commitments. In short: we discover what the seller isn't telling you before you sign. A well-done due diligence can save you hundreds of thousands of euros, or outright prevent you from buying a problem.

Question 14

Do you perform internal accounting audits?

Accepted Answer

Yes. We conduct complete accounting reviews with a triple perspective: true and fair view (Spanish GAAP), tax contingency (what the AEAT would see if they inspected you), and financial viability (ratios, cash flow, solvency). We're not statutory auditors, but we're something more useful: we detect problems before the tax authority or an external auditor does. We review depreciation, impairments, accruals, related-party transactions, deferred taxes, debt reclassifications and everything accounting can hide. The result is a report with findings prioritized by severity and proposed correcting entries.

Question 15

Can I challenge a resolution by my homeowner association?

Accepted Answer

Yes, if the resolution is contrary to the Horizontal Property Act, community bylaws, or is seriously prejudicial to your interests (Art. 18 LPH). You have 3 months to challenge resolutions contrary to the law or bylaws, and 1 year for those that are seriously harmful or adopted through abuse of rights. If the resolution is against public policy, there is no deadline. At Taxley, we are lawyers specializing in horizontal property, not property managers who tell you nothing can be done. We analyze the minutes, quorums, procedure and substance of the resolution to determine if the challenge is viable.

Question 16

What do I do if a neighbor in my community doesn't pay?

Accepted Answer

The Horizontal Property Act gives you a powerful tool: the special payment order procedure under Art. 21 LPH. It's faster and cheaper than ordinary proceedings, and allows you to claim the debt with interest and legal costs. But before going to court, certain steps must be done correctly: certification of the debt settlement agreement at the general meeting, formal demand to the debtor, and filing the claim with all documentation. A procedural error can delay collection by months. At Taxley, we manage the entire process, from the demand to enforcement of the judgment.

What we do

Tax Strategy & Tax Defense

Restructuring & Corporate Transactions

Corporate & Family Holdings

Tax & Commercial Law

Succession & Estate Planning

Employment Compliance

Due Diligence & Accounting Audit

Property Management

Second Tax Opinion

Identify your case

We're not a bookkeeping firm.

Strategy, not paperwork

Multidisciplinary vision

Technology as advantage

Uncompromising defense

Your firm,
in your pocket

One team, one vision

Clients who need more than a bookkeeper

Business owners & family groups

Growing SMEs

Taxpayers facing the tax authority

Estates & investors

Agricultural sector & cooperatives

Companies with complex obligations

What our clients ask

Tailor-made tax intelligence

A good tax strategy
pays for itself

Tell us your situation

Jaén Office

Málaga Office

Phone

Email

Video call

Hours

Legal & Tax Advisory in Jaén and Málaga | Taxley, Lawyers and Tax Advisors