Best VAT, GST & Indirect Tax Lawyers in Telde

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Founded in 1995
9 people in their team
English
Dámaso Abogados y Asesores is a multidisciplinary Spanish law firm serving Las Palmas and Telde, offering services across civil, mercantile, administrative, labor and penal law. The firm is recognized for its practical, outcomes oriented advice to businesses and individuals, combining professional...
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How indirect tax works for businesses and traders in Telde

Indirect tax in Telde is shaped by the Canary Islands' separate consumption-tax regime. The main tax on local supplies is the General Indirect Canary Islands Tax, commonly called IGIC, rather than mainland Spanish VAT.

A Telde business may need to register for IGIC, issue compliant invoices, submit periodic returns, and account for tax on imports. This is particularly relevant to retailers, contractors, online sellers, hospitality suppliers, and businesses receiving goods through Gran Canaria Airport.

Transactions with mainland Spain, the rest of the European Union, and countries outside the EU require careful classification. Goods entering the Canary Islands can also involve customs formalities and the Canary Islands Special Tax on Imports and Deliveries of Goods, known as AIEM.

A lawyer can review the transaction flow, contracts, invoices, customs documents, and accounting treatment. Routine filing may be handled by a tax adviser or gestor, but disputed assessments, complex restructurings, and appeals usually justify specialist legal advice.

When you may need an indirect tax lawyer in Telde

  • Importing goods through Gran Canaria Airport: A Telde trader may need advice on import IGIC, customs valuation, tariff classification, and whether AIEM applies to particular products.
  • Selling goods or services to mainland customers: The tax treatment may differ from an ordinary domestic sale, especially where goods leave the Canary Islands or services are supplied across territorial boundaries.
  • Running an online business: A Telde e-commerce business may need separate analysis for local sales, exports, mainland deliveries, EU customers, marketplaces, and platform invoicing.
  • Receiving an assessment or penalty: The Agencia Tributaria Canaria may challenge deductions, invoice evidence, filing dates, or the classification of a transaction. A lawyer can assess objections and appeal deadlines.
  • Buying or developing commercial property: Construction, leasing, transfers, and mixed-use property can raise difficult questions about IGIC, exemptions, deductions, and adjustments over time.
  • Restructuring or closing a business: Transfers of stock, assets, contracts, and business units can create indirect tax consequences that should be reviewed before completion.

Key laws applying in Telde and the Canary Islands

Law 20/1991 of 7 June, amending the tax aspects of the Canary Islands Economic and Fiscal Regime. This is the principal statutory framework for IGIC and AIEM. It was enacted on 7 June 1991 and has been amended repeatedly, so the current consolidated wording matters.

Law 19/1994 of 6 July, modifying the Economic and Fiscal Regime of the Canary Islands. Enacted on 6 July 1994, it establishes broader elements of the Canary Islands' special fiscal regime and must be read alongside the IGIC legislation.

Law 37/1992 of 28 December on Value Added Tax. This is the main Spanish VAT statute. Its territorial rules exclude the Canary Islands from the VAT territory, meaning that a Telde transaction cannot automatically be treated like a mainland Spanish VAT transaction.

Frequently asked questions about indirect tax in Telde

Does a Telde business charge Spanish VAT?

Usually, supplies made within the Canary Islands are subject to IGIC rather than mainland Spanish VAT. The correct treatment depends on the goods or services, the customer, and where transport or performance takes place.

What is IGIC?

IGIC is the General Indirect Canary Islands Tax. It is the Canary Islands' principal tax on consumption and has its own registration, invoicing, deduction, return, and assessment rules.

Do all Telde businesses need to register for IGIC?

Many businesses carrying out taxable economic activities must register with the relevant Canary Islands tax census. Exceptions, exemptions, thresholds, and special regimes can affect the result, so registration should be checked before trading begins.

Is a lawyer required to file IGIC returns?

No general rule requires a lawyer to prepare every return. A gestor or tax adviser may handle routine compliance, while a lawyer is more useful for legal opinions, audits, assessments, restructuring, and administrative or court proceedings.

How are goods sent from mainland Spain to Telde taxed?

The movement is not ordinarily treated as a mainland-to-mainland Spanish VAT sale. It may involve export treatment in mainland Spain, import procedures in the Canary Islands, import IGIC, customs charges, and potentially AIEM.

Can a Telde company recover IGIC paid on purchases?

Input tax may be deductible when the business meets the statutory requirements and the expenses relate to taxable economic activities. Valid invoices, accounting records, filing compliance, and restrictions on particular costs are important.

What happens if the tax authority issues an IGIC assessment?

The assessment should be reviewed immediately for its reasoning, evidence, calculation, and notification date. The available objection or appeal route depends on the decision, and missing a statutory deadline can limit later remedies.

How long does an indirect tax dispute take?

A straightforward administrative correction may take several months, while a complex appeal can take considerably longer. The timetable depends on the authority, evidence, procedural stage, and whether the dispute reaches the courts.

How much does an indirect tax lawyer in Telde cost?

Fees vary according to whether the work involves a consultation, return review, customs matter, audit, appeal, or litigation. Request a written scope, fee basis, expected expenses, and any separate charges for accountants, translators, or customs specialists.

Can a non-Spanish company trade with customers in Telde?

Possibly, but its obligations depend on the supply, customer type, delivery arrangements, and whether it holds stock or has an establishment in the Canary Islands. Registration, invoicing, import representation, and local compliance should be assessed before sales begin.

Does an indirect tax lawyer also handle customs and AIEM?

Many lawyers advise on the legal treatment of customs and AIEM, although complex tariff classification or clearance work may also require a customs representative. Confirm that the proposed adviser covers both the tax and customs aspects of the transaction.

Official resources for taxpayers in Telde

  • Agencia Tributaria Canaria: The Canary Islands tax authority provides information and procedures for IGIC, AIEM, registration, returns, inspections, assessments, and administrative appeals.
  • Agencia Estatal de Administración Tributaria: Spain's national tax agency handles mainland VAT, export procedures, customs administration, and related obligations affecting movements between the Canary Islands and other territories.
  • Agencia Tributaria - Aduanas e Impuestos Especiales: The customs and excise division of the national tax agency provides official customs procedures, declarations, tariff information, and import and export guidance.

Steps to find and hire the right lawyer

  1. Define the issue: Identify whether the matter concerns IGIC registration, imports, AIEM, invoices, deductions, an audit, an assessment, or an appeal. Allow one or two days to prepare a concise chronology.
  2. Collect the documents: Gather tax returns, invoices, contracts, customs declarations, transport records, accounting extracts, and authority notices. Keep the original notification and envelope or electronic receipt showing the date.
  3. Shortlist relevant practitioners: Look for a Spanish-qualified lawyer practising tax law in Telde or Gran Canaria, with demonstrable experience in IGIC and Canary Islands customs issues. Check professional registration and whether the lawyer handles administrative appeals.
  4. Arrange an initial review: Ask for an assessment of the legal issue, immediate deadlines, likely procedural route, and evidence gaps. For a live assessment or penalty, arrange this as soon as possible, preferably within the first week.
  5. Compare written engagement terms: Confirm the scope, responsible lawyer, fee structure, taxes on fees, estimated stages, external costs, and communication arrangements. Litigation, customs representation, and accounting support may be priced separately.
  6. Protect the deadline: Instruct the lawyer promptly after checking the engagement terms. The lawyer should confirm the applicable response or appeal period and any need to request suspension of collection.
  7. Put compliance controls in place: After the immediate matter is addressed, establish an invoice review, filing calendar, import-document process, and periodic legal check. This can reduce repeated errors and future penalties.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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