SHARE
COPY LINK
For members

TAXES

What’s the difference between a gestor, a lawyer and a notary in Spain?

It’s impossible to live in Spain and not have to deal with its often frustrating bureaucracy, and for that you’ll usually need professional help. So for which official matters should you hire a gestor, a lawyer or a notary? What can they do and not do?

What’s the difference between a gestor, a lawyer and a notary in Spain?
When do you need a gestor, a lawyer or a notary in Spain? Photo: Pavel Danilyuk / Pexels

Gestor (Agent)

There isn’t a direct translation for this type of job in English, mostly because it doesn’t really exist in many other countries. If you look up the meaning of the word gestor, you’re likely to get several different answers, from administrator or adviser to accountant. Essentially, their roles include a bit of everything. They are slightly different from an asesor or asesoría, however, who is similar to a consultant and can advise you on business or financial matters – depending on what they specialise in. 

What can they do?

Gestores are usually the first person you’ll contact when you have to go through a bureaucratic process in Spain. They can help you with residency processes when you first move here and make sure you’ve got all the correct documents together. If you want to buy a second-hand car here from someone for example, they are several legal documents that need to be completed, which a gestor can help with.

READ ALSO: What does a ‘gestor’ do in Spain and why you’ll need one

The most common reason that you’ll need a gestor, however, is to file and submit your taxes. The tax system is so complicated in Spain that many people don’t even attempt to fill out the returns on their own.

If you are self-employed or autónomo, you’ll need to use your gestor a lot. They can help you register to become self-employed and submit your returns for you each trimester. There are also many legal questions to do with being self-employed that you’ll find you need to ask on a regular basis. You can also use an asesor fiscal to help you with your accounts and tax returns.

What can’t they do?

A gestor doesn’t have the same power as a lawyer, they cannot represent you in court or defend you in legal matters. They also can’t deal with matters such as divorce proceedings or custody agreements.

Lawyer (Abogado)

A lawyer in Spain is essentially like a lawyer in most countries around the world. They are legal professionals who know the ins and outs of the law in Spain, and sometimes other countries too. They also take on some of the roles that solicitors do in the UK such as helping you to buy a property. 

What can they do?

Lawyers can legally represent you on many different matters and if you get into any trouble with the law, they can also defend you in court. You might contract a lawyer if you’re planning on buying a property in Spain. While it’s not absolutely necessary, it’s a good idea to hire one when you’re buying a house, particularly when you’re not familiar with the process here. They can make sure everything is legitimate and that you have all the necessary documents in place. If you get one that speaks English, they can also guide you through all the Spanish terms. Lawyers can also help with visa applications and residency processes, and as mentioned above – divorce settlements and custody battles.

What can’t they do?

While some law firms may have accountancy and tax services, they are not usually the ones who will submit your returns for you – this falls to a gestor as above. You may, however, want a lawyer if you have a complicated tax issue to do with fiscal residency or similar.

They are some contracts and legal documents that a lawyer also cannot oversee – this falls to a notary instead.

Notary

The role of a notary in Spain is to advise and oversee the signing of contracts, notarial deeds and acts of legalisation. Notaries are not used on a regular basis like a gestor, or over a specific period of time, like a lawyer. Instead, you’ll probably only need to go and see a notary once for each process. Notaries only act on behalf of the law, they do not act on behalf of a client like a lawyer or a gestor.

What can they do?

If you’re buying a property in Spain, then you and the seller will have to meet in front of a notary to sign the official deeds, even if you have also hired a lawyer. Your lawyer will likely go with you to the signing. The notary will then log this in the public registry. This is usually the last step in the house-buying process in Spain.

You may also need a notary if for example you are lending someone a large sum of money and you want to work out a payment schedule and what will happen in the case of non-payment. In this case, your contract or agreement will need to be signed in front of a notary.

READ ALSO: How interest-free loans between family members work in Spain

What can’t they do?

You can’t usually meet with a notary to ask them for legal advice. They will be hired for one specific purpose only. They can’t legally represent you and they can’t help with residency processes or taxes. 

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

SHOW COMMENTS