The procedure for setting up a business depends on the legal form chosen for the company.
Steps for setting up a company (SA/SL)
- Certificate of availability of company name.
- Opening a current account and requesting a certificate confirming that the share capital has been paid into the bank.
- Drafting the company by-laws.
- Granting powers of attorney.
- Executing the deed of incorporation of the company.
- Census declaration that the provisional Tax Identification Code (CIF) has been obtained and registration for the following taxes:
· Value Added Tax (VAT).
· Corporate Income Tax (Impost de societats).
· Business Tax (Impost sobre activitats econòmiques). - Paying Property Transfer Tax and Stamp Duty (Impost de transmissions patrimonials i actes jurídics documentats).
- Registration at the Commercial Register.
- Obtaining the required licenses, authorisations and administrative registrations.
- Registering the company with the Social Security System.
- Registering the workers with the Social Security System.
- Notice of opening of the business premises.
- Obtaining the definitive Tax Identification Code (CIF).
- Legalisation of the company records.
The total time period is aproximately 30 days (apart from any necessary administrative authorisations)
In case of a company associate being a foreigner, in addition to these steps he or she will also have to obtain a Foreigners' Identity Number (Número d'Identificació d'Estrangers - NIE) from a central-government office (Oficina de la Subdelegació del Govern) or a Spanish Consulate or Embassy, as well as the investment authorisation or declaration at the Register for Foreign Investments (Registre d'Inversions Estrangeres) run by the Ministry of Industry, Tourism and Commerce. Foreign administrators (SA,SL) are only required to obtain the Identity Number (NIE).
Steps for setting up a branch / representative office
- Executing the deed of incorporation of the branch / representative office.
- Opening a current account and transferring funds.
Steps for setting up as a self-employed
- Census declaration confirming that the provisional Tax Identification Code (CIF) has been obtained.Registration for the following taxes: Value Added Tax (VAT) and Business Tax (IAE)
- Registration with the Special Regime for Self-employed Workers (RETA).
- Registering the business with the Social Security system for registering workers.
- Notice of opening of the business premises.
- Legalisation of the records.
The total time period is aproximately one week (apart from any necessary administrative authorisations)
Prior to these steps, foreign self-employed workers must obtain a work and residence permit and, depending on the activity to be carried out, approval to make their qualifications officially valid in Spain.
