Argentineans and Spain: Frequently Asked Questions about legal issues

I live in Argentina, how can you act on my behalf in Spain?

For some cases, we will need you to make a power of attorney from Argentina. We will take care of drafting it so that it complies with Spanish law. The powers of attorney can be conferred by any Argentine notary, who will provide you with the Apostille of The Hague and they will be valid in Spain. There are some procedures that can be carried out without power of attorney. Consult our page Procedures and formalities.

Can you practice throughout Spain?

Yes, we are a law firm based in Barcelona but we are authorized to work all over the country.

I live in Spain and the case is in Argentina. Can you help me?

It depends on the nature of the case. If the Spanish legal framework applies, we will handle it. If the Argentine legal framework applies, it will be better for you to be represented by a lawyer based in Argentina.

I am Argentinean, I live in Spain with my partner and children. I have a property in Madrid, should I make a will?

For Argentines who live in Spain and have two citizenships - either Argentine and Italian, or Argentine and Spanish - it is advisable to make a will before a notary public, choosing which legal regime they choose (Argentine, Spanish or Italian) at the time of making the succession.

I want to move to Spain, but I don't have an EU passport, how can I do it?

First of all, it should be made clear that coming to Spain to live without European citizenship or a work visa is a bad idea. You will not get a legal job and you will have no chance of obtaining legal residency for at least three years. However, Argentines who have capital or an income can choose to apply for a visa that allows them to live in Spain, through the "Golden Visa". It is not necessary to be a millionaire for that. MBT Abogados provides advice and application services for these visas. Consult our page Resident Visa.

I live in Argentina, I have significant capital and I want to move to Spain, how do I carry the money?

If you have an EU passport, you will have to come to Spain and take up residence here, requesting also your Foreigner Identification Number (NIE). Once you have it, you can bring the money from Argentina, as long as the capital transfer system complies with the regulations on prevention of money laundering. Before doing the whole operation, you should take tax advice so that you are not taxed as a resident on the capital you are bringing to Spain.

If you do not have an EU passport, then you will have to apply for some of the types of investor visas, in this link we explain what they are. We will help you decide which visa is best for you and manage the application. With or without European citizenship, it is highly recommended to receive legal and tax advice before bringing money to Spain, as there are strict regulations. See our page Taxes.

I have income in Argentina that would allow me to live in Spain, how can I go there?

If you have a substantial stable income, either from capital income, retirement or pension, you can apply for a visa that allows you to live in Spain without developing an economic activity. Consult our page Resident Visa.

I am in Argentina. I did a postgraduate course in Spain, now I will receive my degree and I have to get the Apostille of The Hague. Is it necessary for me to travel to Spain?

No, we will do it for you and send you the title by certified mail.

I inherited a house in Argentina, I want to sell it and bring the money to Spain, what do I have to do?

For cases such as this we strongly recommend that you receive legal advice. There are several aspects to solve and be clear about before starting the succession. You have to do everything right, among other things, in order not to pay taxes twice, in Argentina and in Spain. Consult our pages of Taxes y Family and inheritance.

Do I have to transfer money to Spain to pay your fees?

No. You can pay by credit or debit card from our website.

After years in Spain, I came back to live in Argentina. I have an apartment in Barcelona that I want to sell, can you do it? What taxes will I pay for that sale now that I live in Argentina?

Yes, we take care of that sale and we will advise you on the most convenient taxation for you.

I live in Argentina and I have a property in Spain. I don't know whether to sell it and bring the money, or rent. I need advice and maybe the management of the sale or rent.

We help you to make the best decision for you, informing you about the Spanish tax framework, the international transfer of the money, and eventually, managing the sale or rental of the property.

Do I need to travel to Spain to attend a court hearing?

It depends on the type of proceeding. In many cases we will be able to attend on your behalf with a power of attorney.

How can I appear in court?

Spanish law requires that all litigants, regardless of their current presence in Spain or the Audiencia, to appear in court must be represented by a Procurador de los Tribunales, duly empowered, and defended by a lawyer.

Must I always be assisted by a lawyer and represented by an attorney?

It is not necessary if the amount claimed is less than 2,000 euros.

FAQs