Living in Spain often means facing frustrating bureaucracy that requires professional assistance. When dealing with official matters, knowing when to enlist the services of a gestor, a lawyer, or a notary can be helpful. What are their roles and limitations?
Gestor
In English, there is no equivalent job title for a “gestor” since it is not commonly found in other countries. The term “gestor” can have various meanings, such as administrator, adviser, or accountant. Their job responsibilities typically cover a wide range of tasks. On the other hand, an “assesor” or “assesoría” is more like a consultant who provides advice on business or financial matters, depending on their area of expertise.
What Can Gestors Do?
If you are going through a bureaucratic process in Spain, a gestor will likely be your first point of contact. They can assist you with residency procedures and ensure you have all the necessary documents. For instance, if you’re interested in purchasing a used car in Spain, several legal documents must be completed, which a gestor can help with.
The most frequent reason for needing a gestor’s services is to file and submit your taxes. The Spanish tax system is so complicated that many do not attempt to complete their returns independently. If you’re self-employed or autónomo, use your gestor’s expertise regularly. They can assist you in registering as self-employed and submitting your tax returns each trimester. Additionally, there are numerous legal issues related to being self-employed that you’ll need to inquire about frequently. To help with your accounts and tax returns, you may also use the services of an asesor fiscal.
What Can’t Gestors Do?
Unlike a lawyer, a gestor cannot represent you in court or defend you in legal matters. They also can’t negotiate divorce proceedings or custody arrangements.
Lawyer (Abogado)
A Spanish lawyer is like a lawyer in most other countries. They are legal professionals who know the law in Spain and sometimes other countries. They can also take on some of the jobs that solicitors do in the UK, such as assisting you when you buy a Spanish property.
What Can A Lawyer Do?
If you face legal issues, a lawyer can legally represent you in various matters and even defend you in court. Hiring a lawyer is highly recommended when buying a property in Spain, especially if you are unfamiliar with the process. They can make sure that everything is legitimate and provide you with all the necessary documents. If your lawyer speaks English, they can also assist you in understanding Spanish terms. Also, lawyers can help with visa applications, residency processes, divorce settlements, and custody battles.
What Can’t A Lawyer Do?
Although some law firms offer accounting and tax services, they typically do not handle the submission of tax returns. For this task, a gestor is usually required. However, it may be wise to consult with a lawyer if you have a complex tax issue related to fiscal residency or the like. Additionally, specific contracts and legal documents must be reviewed by a notary, which is outside the scope of a lawyer’s responsibilities.
Notary
In Spain, a notary’s duty is to guide and supervise the signing of contracts, notarial deeds, and acts of legalisation. Unlike gestors or lawyers, notaries are not frequently utilised or hired for a specific duration. You will most likely only require the assistance of a notary once for each process. It’s important to note that notaries only work on behalf of the law, not on behalf of a client like a lawyer or a gestor.
What Can A Notary Do?
When purchasing a property in Spain, it is necessary for both the buyer and seller to meet with a notary to sign the official deeds, even if the buyer has hired a lawyer. The buyer’s lawyer will likely accompany them to the signing. Subsequently, the notary will register the transaction in the public registry. This is typically the final stage of buying a house in Spain.
In addition, if an individual is lending a substantial amount of money and wishes to establish a payment plan and protocol for non-payment, they may also require a notary. In such cases, the contract or agreement must be signed before a notary.
What Can’t Notaries Do?
You can’t usually ask a notary for legal advice. They are hired for one specific purpose only. They can’t legally represent you and don’t help with residency issues or taxes.
