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Ana Garcia

Partner - Tax Division

Areas of expertise

Tax planning International taxation Transfer pricing

Specializations

  • Tax optimization
  • Special tax regimes
  • Non-resident taxation

Languages

Spanish English French

Biography

Role

Ana Garcia is part of the BMC team as Partner - Tax Division, based in the Madrid office.

Practice areas

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Services led

Practice areas where Ana serves as lead advisor or active contributor

Electronic Invoicing & Verifactu

Compliance with Spain's mandatory electronic invoicing obligation: analysis under the Ley Crea y Crece, implementation of Verifactu or SIF systems, integration with existing software and management of the phased entry-into-force timeline.

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Crypto & Digital Asset Tax

Specialist tax advisory on cryptocurrencies, NFTs, DeFi, and other digital assets for individuals and businesses.

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Beckham Law / Impatriates

End-to-end management of Spain's special tax regime for inbound workers: eligibility, application, and optimisation.

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US Business Owners Living in Spain

End-to-end tax advisory for US founders and executives who reside or plan to reside in Spain: LLC, check-the-box, Beckham Law, Form 720, ITSGF, and US × Spain structure.

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Non-Resident Tax (IRNR)

Advisory and compliance for Spain's Non-Resident Income Tax for individuals and entities without Spanish tax residency.

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Special Territories

Expert advisory on the tax regimes of the Canary Islands, Ceuta, and Melilla to maximise available incentives.

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Corporate Income Tax

Planning and compliance for Spanish corporate income tax: base optimisation, deductions, instalment payments and audit defence.

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Tax Advisory for Freelancers and Self-Employed in Spain

Comprehensive tax management for self-employed professionals in Spain: quarterly VAT and income tax returns, annual IRPF filing, deduction optimisation and ongoing advice on a fixed monthly fee.

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Tax Compliance

Comprehensive management of periodic tax obligations: return filing, tax calendar, compliance audits, and representation before the Spanish Tax Agency (AEAT).

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Trade & Customs

Specialist advisory on customs duties, Intrastat declarations, certificates of origin, and special customs regimes for companies trading internationally.

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VAT Advisory

Comprehensive VAT advisory for businesses in Spain: pro-rata, SII, OSS/IOSS, input VAT recovery and periodic compliance.

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International Tax

Tax advisory for cross-border operations, international expansion, and multi-jurisdictional compliance.

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Real Estate Tax Advisory in Spain

Specialist real estate tax advisory: ITP transfer tax, AJD stamp duty, VAT on new developments, income tax on rental yields, and SOCIMI regime for investment portfolios.

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Tax Due Diligence in Spain: CIT, VAT and AEAT Risk in M&A

Specialist tax due diligence for M&A transactions in Spain: Corporate Income Tax contingencies, VAT, transfer pricing, tax loss carry-forwards, AEAT exposure and SPA contractual mechanisms.

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Tax Restructuring: FEAC Neutrality Regime in Spain

Advisory on Spain's FEAC tax neutrality regime (Arts. 76-89 LIS): mergers, full and partial demergers, business unit contributions and share swaps with full corporate tax deferral.

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Tax Planning

Legal and efficient tax strategies to reduce your company's tax burden and protect your personal wealth.

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Transfer Pricing

Transfer pricing policies and documentation that protect your group against audits and double taxation.

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Inheritance & Gift Tax Planning

Spanish Inheritance and Gift Tax (ISD) planning: family business exemption, regional variations, donation structures and non-resident inheritance tax.

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R&D Tax Incentives & Patent Box

R&D and technological innovation tax deductions (Art. 35 LIS), Patent Box regime and Binding Motivated Report for maximising Spain's innovation tax incentives.

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Tax Litigation & Disputes

Defence in AEAT inspections, appeals against tax assessments before TEAR/TEAC, contentious-administrative proceedings and Tribunal Supremo casation in Spain.

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Voluntary Tax Disclosure in Spain (Art. 252 LGT)

Advisory and representation in voluntary tax regularisation before criminal proceedings or AEAT investigation: criminal law exemption under Art. 252 LGT, late-filing surcharges without penalties, confidential handling.

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Wealth Tax & High Net Worth Planning

Planning for Spanish Wealth Tax (IP) and the Solidarity Tax on Large Fortunes (ITSGF): family business exemption, holding structures, Beckham Law interaction and exit tax.

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AEAT Tax Audit Defence (Inspección Tributaria)

Full AEAT tax audit defence: 18-month (27-month for complex cases, Art. 150 LGT) inspection procedure, acta de conformidad vs. acta de disconformidad strategy, voluntary regularisation, 78% success rate, €60M+ defended.

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Corporate Holding Structures

Corporate holding company advisory in Spain: Art. 21 LIS 95% dividend and capital gains exemption, share exchange (Art. 80 LIS) under fiscal neutrality regime (Arts. 76–89 LIS), ETVE election, Netherlands vs. Luxembourg vs. Spain comparison.

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Economic-Administrative Claim (Reclamación Económico-Administrativa)

Economic-administrative claim (Arts. 226–249 LGT): TEAR vs. TEAC, 1-month mandatory filing deadline (Art. 235 LGT), automatic suspension for sanctions, guarantee-conditioned suspension for assessments, 78% success rate.

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ETVE — Spanish Foreign Securities Holding Entity

ETVE (Entidad de Tenencia de Valores Extranjeros, Arts. 107–108 LIS): 95% exemption on dividends and capital gains from foreign subsidiaries, zero IRNR withholding on distributions to non-resident shareholders from exempt income.

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Family Office Tax Advisory

Tax advisory for family offices and high-net-worth individuals: Art. 21 LIS (95% dividend exemption), ETVE (Arts. 107–114 LIS), Art. 4.Ocho IP wealth tax exemption, Art. 20.2.c ISD 95% succession reduction, SICAV regime.

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Exit Tax — Spanish Latent Gains Tax on Departure

Spanish exit tax (Art. 95 bis LIRPF): €4M shareholding threshold, 10-year fiscal residence condition, EU/EEA 10-year automatic deferral, third-country 5-year deferral with guarantees, interaction with Beckham regime.

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Form 210 — Non-Resident Income Tax (IRNR)

Form 210 (IRNR) for non-resident property owners and investors in Spain: rental income (19% EU/EEA, 24% non-EU), imputed rental income, property sale capital gains, 3% buyer withholding (Form 211), double taxation treaty rate reductions.

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Fiscal Representation for Non-Residents in Spain

Fiscal representation for non-residents in Spain (Art. 10 LIRNR): mandatory for non-EU/EEA residents, Form 210/216/296 management, permanent establishment compliance, double taxation treaty rates, UK post-Brexit obligations.

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Form 720 — Overseas Assets Declaration

Form 720 overseas assets declaration (Ley 7/2012, reformed by Ley 5/2022 post-CJEU C-788/19): three blocks (bank accounts, securities, real estate), €50k threshold per block, 1 January–31 March filing window, current penalty regime.

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Form 721 — Overseas Cryptocurrency Assets Declaration

Form 721 (Orden HFP/887/2023): mandatory cryptocurrency declaration for Spanish tax residents with €50k+ in assets at foreign exchanges (Binance, Kraken, Coinbase, OKX, Bybit). DAC8 from 2026. Not applicable to self-custody wallets.

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Limited-Scope Tax Audit Defence (Comprobación Limitada)

Expert defence in AEAT limited-scope tax audit proceedings (Arts. 136–140 LGT): preclusive effect of resolution, 6-month caducidad, strategic use of conformity vs. disagreement to close the matter definitively.

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Pillar Two — Global Minimum Tax (Top-Up Tax)

Pillar Two (Directive 2022/2523, Ley 7/2024): IIR, UTPR and QDMTT for groups with €750M+ consolidated revenue. Modelos 240/241/242 (Orden HAC/1198/2025). First declarations for 2024: deadline April–July 2026. CbCR safe harbour transition.

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RIC — Canary Islands Investment Reserve

RIC (Reserva para Inversiones en Canarias): up to 90% CIT base reduction (Art. 27 Ley 19/1994), eligible asset categories A1–D1, 3-year materialisation deadline, 5-year retention, RIC+ZEC combination. BMC Las Palmas office.

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Startup Tax Advisory — Ley 28/2022 (Start-Up Act)

Startup tax advisory under Spain's Ley 28/2022: 15% CIT for 4 years, 50% angel investor deduction (up to €100k), €50k employee stock option exemption, ENISA accreditation, 12-month CIT deferral.

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Tax Adviser in Barcelona

Tax advisers in Barcelona: tax planning for companies and groups, Corporate Income Tax, VAT, AEAT/TEARC inspections and 22@ startups.

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Tax Adviser in Bilbao — Bizkaia Foral Regime

Tax advisers in Bilbao: Bizkaia foral regime, foral Corporate Income Tax, Economic Agreement, and Hacienda Foral. Specialists in manufacturing, energy, and shipping.

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Tax Adviser in Valencia

Tax advisers in Valencia: tax planning, CIT, VAT, and AEAT inspections. Specialists in agri-food, logistics, and ceramic companies.

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Tax Advisory in Barcelona

Tax advisory in Barcelona: tax planning, CIT, Catalan regional IRPF, Large Fortunes Tax, ATCAT, and AEAT inspections with an assigned local member.

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Tax Advisory in the Basque Country — Three Provincial Treasuries

Tax advisory in the Basque Country: Basque Economic Agreement, Haciendas Forales of Bizkaia, Gipuzkoa, and Álava, foral CIT, foral IRPF, and connection points.

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Tax Advisory in Bilbao — Basque Economic Agreement

Tax advisory in Bilbao: specialists in the Basque Economic Agreement, Bizkaia foral CIT (Foral Regulation 11/2013), Hacienda Foral, and connection points. Form 200B.

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Tax Advisory in Las Palmas de Gran Canaria

Specialists in the Canary Islands Economic and Fiscal Regime (REF): ZEC (4% IS), RIC, IGIC, Canarian investment incentives, and international tax planning from Las Palmas.

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Tax Advisory in Madrid

Expert tax advisers in Madrid: corporate tax planning, AEAT inspections, Comunidad de Madrid tax advantages, M&A, and international group structures.

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Tax Advisory in Málaga

Tax experts in Málaga: non-resident tax (IRNR), Beckham law for expats, real estate capital gains, inheritance tax on the Costa del Sol, and Wealth Tax planning.

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Tax Advisory in Marbella

Tax advisers in Marbella for HNWIs, international investors, non-residents, and expats. Specialists in Wealth Tax, ISD, Beckham law, and luxury real estate taxation.

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Tax Advisory in Navarra: Economic Agreement | BMC

Specialists in the Navarra Economic Agreement: CIT under Foral Law 26/2016, foral IRPF, Hacienda Foral de Navarra, and connection points for foral companies.

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Tax Advisory in Murcia

Tax specialists in Murcia: agri-food taxation, agricultural cooperatives, corporate tax, VAT regimes, R&D&I deductions, and fiscal planning for Murcia Region businesses.

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Tax Advisory Tenerife — Canary Islands Special Regime

Tax advisory in Tenerife: ZEC (4% CIT), RIC (up to 90% base reduction), DIC, IGIC and the full Canary Islands Special Economic and Fiscal Regime (REF). BMC office in Las Palmas.

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Tax Consolidation for Corporate Groups

Tax consolidation regime for Spanish corporate groups (Arts. 55–75 LIS): ≥75% participation threshold, Modelo 222/220, immediate intragroup loss offset, and management of pre-incorporation tax losses.

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AEAT Tax Inspection Procedure

Comprehensive defence in AEAT tax inspection proceedings: representation, submissions, conformity and non-conformity assessments, and appeal strategy (arts. 141-159 LGT, RGGIT RD 1065/2007).

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Tax Liability Derivation Defence (Derivación de Responsabilidad Tributaria)

Defence against AEAT tax liability derivation proceedings (Arts. 41–43 LGT): joint liability (Art. 42) vs. subsidiary liability (Art. 43), directors, shareholders, STS 594/2025 causal link requirement, 15-day hearing window.

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Tax Judicial Review (Recurso Contencioso-Administrativo)

Tax judicial review (Ley 29/1998 LJCA): 2-month deadline from TEAR/TEAC resolution, Juzgados CA / TSJ / Audiencia Nacional competence, cassation to Tribunal Supremo (Sala 3ª) via Art. 88 LJCA interés casacional.

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ZEC — Canary Islands Special Economic Zone (4% CIT)

ZEC Canary Islands (RDLeg 1/2019): 4% corporate income tax rate, 5 employees minimum, €100k investment, eligible CNAEs. Registration deadline 31 December 2026. RIC + REF combination. BMC Las Palmas and Tenerife.

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