Do You Want To Set Up A Business In Spain?

Filed under : Commercial Law

Are you considering
working or setting up some form of business in Spain?
Once you have decided what kind of business or work you will carry out it is
important to decide whether you will be self employed known in Spain as
autónomo or whether you will set up a company such as a limited company in the
form of a sociedad limitada (“S.L.”) or sociedad civil (“S.C.”) or a larger
scale company known as a sociedad anónima or S.A.

The decision on which to opt for will be influenced on what
kind of business you will carry out. If you intend to work individually and
charge clients for the work you carry out then initially it would be
appropriate to register yourself as a self-employed. In order to register you
will have to apply for your N.I.E. at the Policia Nacional and then register at
the Spanish Tax office (“Hacienda”) and the Department of Social Security
(“Oficina de Seguridad Social”) under the category of Self-employed workers.
You must register with Seguridad Social within thirty days after you are
registered at the Spanish Tax office. As a self employed worker you are obliged
to pay social security on a monthly basis with the minimum amount per person
starting at 238.78 euros a month (beginning of the year 2008).

If you are going to work with somebody as a partner or
director in the business then it is appropriate to consider setting up some
form of company. The primary difference between an S.C. and an S.L. is that for
an S.L. the liability of the company is limited to the share capital, unless
the directors have been grossly negligent, whereas for an S.C. any liability is
against the partners of the S.C and any assets the S.C. or the partners have
individually. In addition to the liability aspect, for an S.C. the partners are
taxed individually on the S.C. ’s earnings whereas for an S.L. the partners are
taxed on their salary and dividends at one rate of tax and the profits of the
company are taxed at another rate. An S.L. can be set up with one shareholder
and has an additional duty to prepare and deliver annual accounts at the
provincial companies house.

An S.A.is a company, which has a minimum share capital of 60,101.21 euros and its
shareholders are usually individuals who are not necessarily involved in the
running of the business whereas in an S.L. the shareholders in all likelihood would
be.

At De Cotta McKenna y Santafé we can provide you with a One
Stop Business Service and can deal with all aspects of your business so that
you do not have to go to a gestor for social security payments, an economista
for tax returns and a lawyer to review your contracts of employment.

If you are already in business or considering setting up a
business and would like us to provide you with a quote for dealing with your
social security returns, payment of company and individual taxes, auditing of
accounts, preparation of employment contracts, registration of trademarks and
logos and advice on business & employment disputes then we would be happy
to discuss your business objectives with you.

 The tax and legal implications of setting up a business vary between the Spanish mainland, its Islands and Gibraltar,

so for more information on this subject, or to make an appointment for a
private consultation, please contact us at De
Cotta McKenna & Santafé
on:

Tel.: +34 952 931 781
Fax: +34 952 933 547