Potential refunds of Spanish Wealth Tax for non-residents: a new opportunity
Recent developments in Spain have opened an important opportunity for non-resident individuals who own assets located in the country and have paid Spanish Wealth Tax in recent years. A new interpretation by the Spanish Supreme Court confirms that non-residents must be allowed to benefit from the same protective mechanisms that the Wealth Tax law grants […]
Royal Decree 997/2025 approving urgent measures to strengthen the electricity system
The Royal Decree has been published, reinstating some of the urgent measures contained in the repealed Royal Decree-Law 7/2025 to strengthen the electricity system. 1.- INTRODUCTION On 22 July 2025, the Congress of Deputies repealed Royal Decree-Law 7/2025, of 24 June, approving urgent measures to strengthen the electricity system (“RDL 7/2025”). Consequently, and after being […]
Non-EU/EEA Taxpayers: Spanish National Court opens the door to expense deductions and potential tax refunds in Spain
The Spanish National Court (Audiencia Nacional) has recognised in its judgment of 28 July 2025 (case no. 636/2021) the right of Non-Resident Income Tax (NRIT) taxpayers resident in third countries —i.e. outside the European Union (“EU”) and the European Economic Area (“EEA”)— to deduct expenses directly connected with rental income derived from immovable property located […]
First tender procedure for the award of demand access capacity
By Resolution of the Secretary of State for Energy dated 11 July 2025, the first tender for the allocation of demand access capacities in certain nodes of the transmission grid in Andalusia, Aragon, Castilla-La Mancha, Catalonia, Galicia, and the Basque Country is announced, totalling an overall access capacity of 3,681 M. 1.- INTRODUCTION In certain […]
Spanish Withholding Tax Refunds for non-Spanish Hedge Funds: 2023 Supreme Court Judgement & Litigation Funding Opportunities
The Spanish Supreme Court issued landmark rulings confirming that Spain’s withholding tax (WHT) regime for dividends paid by Spanish listed companies to non-Spanish hedge funds violates the fundamental EU principle of the free movement of capital (Article 63 TFEU). Historically, non-Spanish hedge funds assumed a higher WHT burden than comparable Spanish collective investment undertakings due […]
Royal Decree-Law 7/2025: The New Regulation of the Spanish Electricity System
1.- INTRODUCTION Royal Decree-Law 7/2025 (“RDL 7/2025“) addresses the recent blackout of the Spanish electrical system by establishing new, innovative regulations on electricity security. This regulation is structured around several key areas, including: greater control and planning by the National Commission for Markets and Competition (“CNMC”) and Red Eléctrica (“REE“), regulatory reforms planned for the […]
Ángel Alonso new partner for Special Situations, Restructuring and Insolvency
We are delighted to announce that Ángel Alonso has joined our firm as a partner for the Special Situations, Restructuring and Insolvency Department. During his career of more than twenty-five years at Uría Menéndez (where he became a partner in 2009), Ángel has specialized in all types of matters related to opportunistic and special situations, […]
Legal 500 EMEA 2025
The prestigious legal directory Legal 500 has published today the results of its rankings in the Legal 500 Europe, Middle East and Africa (EMEA) 2025 guide, recognizing Araoz & Rueda as one of the leading law firms in Spain. In this edition, we have achieved a remarkable presence with 7 recommended areas and 10 recommended […]
Chambers Europe 2025
The prestigious legal directory Chambers and Partners has just published the results of its rankings in the Chambers Europe 2025 guide, recognizing Araoz & Rueda as one of the leading law firms in Spain. In this edition, we have achieved a remarkable presence with 8 recommended areas, three of which have been ranked at the […]
Spanish Supreme Court has ruled regarding WHT on dividends paid to EU hedge funds
The Spanish Supreme Court has recently ruled regarding withholding tax (“WHT”) on dividends paid by Spanish listed companies to EU hedge funds. These EU hedge funds requested a WHT refund because they had borne a WHT higher than the applicable to comparable Spanish collective investment undertakings. Through these judgements, the Spanish Supreme Court has confirmed […]