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Company formation Spain
Since there have been no problems for EU nationals residing or working in Spain since 1992, foreign companies and investors have completely liberalized themselves.
Spain lies in the south-west of Europe and runs from the Pyrenees in the north to the straits of Gibraltar in the south. It covers an area of nearly 195,000 square miles, and consists of 50 provinces in 17 autonomous regions.
The Spanish mainland has at its heart the Meseta Central (“Inner Plateau”), which is surrounded by mountains. The Balearic and the Canary Islands, the two autonomous cities of Ceuta and Melilla in North Africa, and the Islas Chafarinas, Penon de Alhucemas and Penon de Velez de la Gomera off the coast of Morocco make up the remainder of Spain as a whole.
Spain has borders with Portugal, France, Andorra, Morocco and the British province of Gibraltar.
Limited Liability Company (S.L.)
The Limited Liability Company (Sociedad Limitada) is an autonomous legal entity and its shareholders are not personally liable for any debts. In order to set up a Sociedad Limitada, share capital of at least EUR3,000 is required. Articles of corporation must be drafted and notarised, and the company must register with the Commercial Registry (Registro Mercantil).
An individual may set up a Sociedad Limitada on their own; the maximum number of shareholders is 50.
Advantages of the SL
– Limitation of liability on capital stock thus no liability on private assets
– cheaper tax rate with high profits
Limited Company (SA)
An SA requires start-up capital of EUR60,000, of which a minimum of 25% must be paid into a bank account. How the remainder of the required capital will be paid must be clearly explained in the company documents. There is no maximum number of shareholders for an SA and its shareholders are not personally liable. The shareholders or their representative must sign all necessary documents in front of a notary.
The stock of an SA may be floated on the Spanish stock exchange, subject to securities law.
Die sociedad anonima, S.A. ist wie die deutsche Aktiengesellschaft. Als Mindeststammkapital muss eine Summe von 65.000 Euro hinterlegt werden.
Advantages of S.A.
– Liability is limited to the deposit
– Buying and selling shares possible
The sociedad unipersonal is the sole proprietorship or one-man society. The shareholder is liable for the capital invested in the company. The headquarters of sociedad unipersonal must be in Spain. In this form of society, it is important that in the company name the addition must be unipersonal listed. Only then is it immediately apparent that it is only a shareholder.
Since the foundation is carried out by a notary, it must be proven that the founding capital has been paid into the business account.
Corporations, ie the Spanish GmbH and the Spanish corporation are taxed at 35% according to Spanish corporation tax law on the profits.
Within a timeframe of 7 years profits and losses can be compensated. Furthermore, all companies are subject to trade tax. The trade tax is a fixed, annual tax amount, which depends on the place of the company and the company activity.
The biggest advantages of Spain are
- Tax benefits
- Above-average growth rate
- EU member
- Spain is the second largest recipient country for subsidies (grants)
The biggest mistakes when starting a business abroad
Many agencies and law firms do not advise comprehensively or wrongly. Learn what to look for.
Gravity of the situation
Often, these law firms think foreign companies are half-silk, tax evasion is favored and mailbox companies are the leaders rather than the exception. This is true, however, only in some start-up agencies that do not have the necessary expertise. Self-proclaimed law firms that do not employ tax accountants or lawyers usually set up companies that are unlikely to operate legally. We set up and look after companies that can withstand tax audits and that are legally operated.
Do you have to live in the country where you start a company?
You can set up a company worldwide, as long as the respective country allows you as a foreigner to acquire shares in local companies or to act as a managing director. If this is not the case trustees can be used. For example, Cyprus allows every EU citizen to own and run a business. Nevertheless, trustees can be used for the purpose of identity protection. However, it is important that the management takes place locally, in the country in which the company is to be taxable. In addition, a permanent establishment must be set up. Without these, a major tax offices around the world do not recognize the company and in the worst case would require additional payment of corporate and business taxes plus late payment surcharges. We rent you a real office and set up a permanent establishment that meets all requirements beyond doubt.
Problematic Law firms: Secrecy is not regarded.
Some law firms bind customers with toggle contracts and exert pressure when the customer wants to close his company. If you are a client of a law firm that has established a legally flawed company, they can be blackmailed. Because in the case of a fiscal problem, law firms without a license are not bound by a duty of secrecy.
Migrating to a different law firm
We receive many inquiries from customers who already own a foreign company and are looking for a new law firm. The process of changing law firm is made often difficult on purpose. Therefore, we have developed a principle of trust. If you are not satisfied with us and want to change, you can do that at any time. The necessary documents (resignation letter), you receive from us standardized after founding. You are therefore protected against unexpected costs and you are free at any time to visit another law firm. So far we have not lost any customer to another law firm.
Privacy / Firm Location
Your accounting documents are kept safe with us. In addition, all electronic data is stored encrypted and accessible only by us, which are bound to a professional secrecy. All accounting records are also stored locally only. Neither authorities nor hackers are able to access this data.
There are quite a few locations in the world that do not charge taxes on companies or individuals, or only estimate a very low flat rate tax. But this can rarely be used without corresponding change of residence. If you are a resident of any major country, the relevant double taxation agreement is decisive. Providers who promise otherwise lead them to tax evasion, which in the case of discovery usually punishes severely. We advise against setting up companies in countries that have already been blacklisted by the OECD. The foundation is usually very cheap, but the tax consequences in your origin country can be devastating. Since the introduction of the automatic exchange of information between almost all major countries, an anonymous private account no longer exists.
We comply with the following code:
- Legally secure foundations
- No unexpected(hidden) costs
- No false promises
- Finding the right solution by focusing on your requirements
With this strategy, we have been on the market since 2013 and have not disappointed any customer so far. And we prioritize it in keeping that way. We strive to ensure that every client is satisfied and does not take risks with the solutions we provide for them, but only exploits legal opportunities. Starting a company that involves doing real business is more costly than a letterbox company, but it is the only way to save on taxes without risking legal action.
Spain has been a member of the EU since 1986. This was followed by above-average growth due to the high transfer payments / subsidies from the EU Argrarfonds, the Regional Fund and the Cohesion Fund. Spain is the second largest beneficiary of subsidies to Poland.
- Very good accessibility
- The euro as currency
- The lifestyle
- The climate
- The culture
Steuerunterschied zwischen Deutschland und Spanien
Im direkten Steuer Vergleich stellt man fest, dass eine Unternehmensgründung in Spanien vorteilhafter sein kann als in Deutschland.
|Deutsche GmbH||spanisches Unternehmen||Offshore Unternehmen (keine Geschäftstätigkeit in Spanien)|
|Körperschaftssteuer||15.825% inkl.Solidaritatszuschlag)||-sofern der Umsatz unter 5.000.000,00 € beträgt, die Firma weniger als 25 Mitarbeiter hat, werden die ersten 300.000,00 € des Gewinnes mit 20 % versteuert und der restliche Gewinn mit 25 %
- ab einem Umsatz von 5.000.000,00 € werden die ersten 300.000,00 € mit 25 % versteuert und der Rest mit 30 %
- ab 10.000.000,00 € Umsatz wird der gesamte Gewinn mit 30 % Steuern belastet
|Gewerbesteuer||Hebesatz Bundesdurchschnitt 2010 435%||entfällt||entfällt|
Company formation Spain - That's how it works
Establishing a company in Spain is easy and the founder does not have to travel extra. For the foundation only a certified ID or passport copy and a power bill is needed. Depending on the choice of bank also a short CV or bank reference.