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Case Studies from Lapchynskyi & Partners’ Practice

Practice & Results

Below are summarized examples of typical matters handled by the firm across different practice areas. Clients are anonymized, and details are generalized to demonstrate our professional legal approach.
Tax Law: Double Taxation on Dividends

Situation: Client M. faced double tax withholding on dividends from Poland (in both Poland and Spain).

Solution: Analysis of the double taxation treaty, preparation of documentation for tax credits in the Spanish IRPF return.

Result: Double taxation was eliminated, and the AEAT refunded the excess tax withheld.
Business: Transition from TP to Autónomo

Situation: A Ukrainian entrepreneur seeking to legalize business in Spain while scaling up from self-employed to an S.L. company.

Solution: Design of a phased registration structure, tax regime selection, and accounting support for the incorporation.

Result: Business legalized without operational delays; client obtained a stable legal status and optimal tax structure.
Family Law: Division of Joint Assets

Situation: A couple (Ukraine–Spain) unable to agree on the division of real estate and savings acquired during marriage.

Solution: Analysis of the régimen económico matrimonial and mediation to draft a mutually beneficial settlement.

Result: A settlement agreement (convenio regulador) was signed without the need for a lengthy trial.
Real Estate: Dispute Over Deposit (Arras)

Situation: Seller withdrew from an apartment deal but refused to return double the deposit amount as per contract.

Solution: Lawsuit filed under Art. 1454 of the Spanish Civil Code, proving the client’s fulfillment of all obligations.

Result: The court of first instance ruled in favor of the client, recovering the doubled deposit.
Real Estate: Horizontal Division

Situation: Owner of a multi-unit building sought división horizontal to sell apartments as independent properties.

Solution: Technical documentation management, calculation of participation shares, and registration with the Land Registry.

Result: Building legally divided, allowing for successful individual sales of each unit.
Criminal Law: Defense in Fraud Case

Situation: Client was accused of fraud (estafa) stemming from what was essentially a civil business dispute.

Solution: Proved the absence of criminal intent (dolo) and established the civil nature of the conflict.

Result: Criminal proceedings were dismissed, and the matter was successfully resolved in civil court.
Economic Crimes: Money Laundering

Situation: Client drawn into a blanqueo de capitales investigation due to a partner’s unrelated transactions.

Solution: Financial audit of transaction flows, proving the lawful origin of funds and lack of connection to the partner.

Result: Client cleared of all suspicion during the pre-trial investigation stage.
Debt Recovery: Unfulfilled Contract

Situation: Client company not paid for services for over a year by an evasive counterparty.

Solution: Court claim filed along with a request for precautionary measures to freeze the debtor’s assets.

Result: Debt fully recovered through court order, including all late-payment interest.
International Holding: Spain–Andorra

Situation: Client needed a consolidated structure for asset management across both jurisdictions.

Solution: Designed a holding structure with an Andorran parent company and Spanish S.L. subsidiaries, ensuring compliance.

Result: Client obtained a transparent and legally protected multi-jurisdictional business model.
Immigration: Golden Visa Appeal

Situation: Denial of investor residency (Ley 14/2013) due to formal objections regarding fund origins.

Solution: Filed a recurso de alzada with comprehensive proof of fund legality and a rebuttal of administrative grounds.

Result: Appeal upheld; the investor successfully obtained their residence permit.
Labor Law: Unlawful Dismissal

Situation: Client dismissed without proper procedure or payment of required severance compensation.

Solution: Claim filed with the Juzgado de lo Social seeking a declaration of despido improcedente.

Result: The court ordered the employer to pay the full compensation and back pay owed.
Inheritance: International Case

Situation: Heirs from Ukraine processing the estate (property and accounts) of a relative deceased in Spain.

Solution: Applied EU Regulation 650/2012 to optimize inheritance tax using regional allowances.

Result: Estate settled without double taxation; assets successfully transferred to the heirs.
Lapchynskyi & Partners — Licensed Law Firm in Spain and Andorra
📍 Barcelona, Valencia    |    🌐 igorlapchynskyi.com    |    📞 +34 696 85 95 47
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