Hotel

Experts in legal advice to hotel companies and investor groups.
Our thorough knowledge in the hotel sector enables us to provide comprehensive advice and solve any problems related to the hotel sector.

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Analysis

Diagnosis of the company structure for its commercial and fiscal optimisation (Incorporation of holding companies, Opcos and Propcos).
Application of special territorial tax systems (Canary Islands, Foral Territory of Navarra and País Vasco, etc.). Alternatives for minimising the cadastral value of hotel buildings as a basis for local taxes (property tax, tax on economic activities, municipal capital gain tax).
Tax efficiency alternatives through fiscal consolidation schemes in corporate tax and value added tax.
Redefinition of related transactions (Transfer Pricing) with the aim of increasing tax efficiency.
Tax optimisation for the elimination of double taxation in international intra-group transactions.
Implementation of legal measures in relation to compliance with data protection regulations, general contractual terms and conditions.

Advice

Advice on the drafting and negotiation of contracts and hotel intermediation agreements.
ERP (Enterprise Resources Planning) and PMS (Property Management Services) contracts.
Contracts relating to ancillary facilities to the hotel assets: Lease, right of use, sublease agreements, etc.). Contracts with suppliers.
Applicable labour regulations, dismissals and recruitment, temporary contracts due to seasonality, promotion of categories, applicable collective agreement, etc.
Family business transfer study.
Advising and, where appropriate, legal defence against any kind of complaint or demand from clients or suppliers.
Settlement of hotel accommodation fees (municipal and autonomous communities).
Classification, in the context of value added tax, of mixed hotel services (accommodation in amusement parks, music concerts with annexed hotel establishments, etc.).
Tax implications on VAT of customer advance payments as advance payment of reservations.
Accounting and tax policy on new investments and renovations (expenditure, depreciation rate, etc.).
Personal income tax withholdings on temporary workers with chain-linked contracts.
Tax treatment of tips and mediation commissions delivered to staff.
Advice on brands and distinctive signs of the hotel group.

Investments and divestment

Optimisation of the hotel acquisition process, for both the transferor and the acquirer, by studying the different scenarios.
Asset Deal vs. Share Deal and indirect taxation of transactions (VAT vs. property transfer tax ITP and stamp duty AJD, actual value established for tax purposes, etc.).
Full range Due Diligence of the hotel assets to be invested, with a particular focus on the most relevant areas in the sector. (Tax, labour, licences, real estate, etc.).
Legal aspects relating to regional and municipal licences to carry out hotel activities, changes in category, licences for ancillary activities.
Legal aspects relating to the rights of use of the hotel property, ownership of the property, sale and purchase of properties.

Hotel

Analysis

Advice

Investments and divestment

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