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Own business in Spain: how a foreigner can get the right to do business. World practice

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Increased attention is paid to the following aspects:

sound insulation (for pubs, discos, clubs, workshops, etc.);
sanitary and hygienic standards (for bars, restaurants, cafes, etc.);
fire safety (for hotels, factories, concert and stage venues, etc.).

In addition, it should be noted that for commercial premises located in residential buildings and on the territory of residential complexes in which it is planned to carry out potentially dangerous or inconvenient activities, it is necessary to obtain the written consent of the occupant community before applying for a license.

The costs are divided into two items:

municipal fee - its amount varies depending on the municipality. The area of the premises, the urban area (commercial significance of the street) and the type of activity are taken into account.

the cost of a technical opinion or a technical project is calculated based on the complexity of the project. For small commercial premises, a technical opinion can cost 600–1000 euros. A technical project for a potentially hazardous activity will cost almost twice as much. Large projects involving the refurbishment of premises and bringing them into line with the requirements of current legislation can cost up to 10,000 euros.

Application for a license to open and conduct a business in Spain

Royal Decree 19/2012 of May 25, 2012 has greatly simplified the procedure for obtaining licenses for small businesses. For example, in order to open a commercial space of less than 300 sq. m, it is enough to notify the mayor's office of the intention to obtain a license, attaching an application and a technical opinion to it, but there is no need to wait for its issuance. Thus, commercial activities can be started and carried out in parallel with the procedure for obtaining a license.

The simplified system covers the registration of a new business, a change of business owner, a change in the type of business - those cases when there is no need to re-equip the premises and prepare a new technical project.

Stages of obtaining a license to open and conduct business in Spain

The procedure for obtaining a license to open and conduct a business in Spain takes from several months to a year and is divided into several stages.

1. Preparation of a technical report or technical design by a technical specialist or architect.

2. Approval of the project in the architectural college and payment of collegiate fees.

4. Submission of an application with an attached conclusion or project to the mayor's office. Opening of commercial space.

5. Visit of a technical specialist from the mayor's office, recognition of the premises as complying with all established standards. Issuance of a license.

If you have any questions about the procedure for obtaining a license to open and conduct a business in Spain, please contact our Center for Business and Living in Spain "Spain in Russian" . Our experts will advise you on all issues related to the opening of a new business in Spain.

License for activities, facilities and works
Operating license
License to carry out any activity that is considered "qualified"

License for activities, objects and works. In order to start operations in a particular location (whether commercial premises, warehouse, office, home), it will be necessary to obtain the appropriate municipal planning license approved by the city council where the institution is located.

Operating license. The purpose of this license is to authorize the use of buildings, premises or structures. An operating license is issued if the verification made in accordance with the terms of the license for activities and facilities has been successfully carried out: the facilities are properly certified and suitable, in accordance with city, environmental and safety requirements, and also correspond to their specific purpose.

License to carry out any activity that is considered "qualified". The implementation of any activity that is considered "qualified" - annoying, harmful and / or dangerous activity that requires sanitary and / or environmental measures, safety measures, the launch of any installation - is subject to a license to operate.

Spain has different procedures for requesting licenses. The usual procedure is to perform the necessary work to implement or modify an activity. Depending on the type of technical project, the usual procedure may be extended - if you need a building project.

The introduction or change of activities is carried out for activities requiring:

technical document
document according to industry standards
as well as for activities that are included in the catalog of the Entertainment Act or have some kind of environmental impact.

Submission of a responsible declaration. It is carried out through a document signed by the owner of the commercial activity, which indicates his responsibility, that the activity complies with the city and industry requirements, the current rules for its implementation. The owner conducts accreditation of activities and undertakes to maintain compliance with all norms in the course of its business activities.

Potentially dangerous and safe activities in Spain

The degree of "potential danger" in Spanish law is determined by the possible harm to the environment, the level of physical danger or physical discomfort (inconvenience) for others, carrying a potential danger to people and their property, public and private property, in the process of doing business.

For example, potentially hazardous activities in Spain (Spanish: Actividad calificada) are all activities that cause any disturbance or inconvenience to others, including those that can be harmful to health. These activities include, for example:

Construction and repair work
industrial production
Catering enterprises
Grocery stores and warehouses
Hotels, schools
Medical clinics
Pharmacies
Certain types of service (car wash or car rental, car and equipment repair, etc.)

To conduct a potentially hazardous activity, Spanish law provides for increased requirements for safety, sanitation and environmental protection. This also includes special requirements for waste disposal. Certain types of activities are allowed only in industrial zones (Spanish: Polígonos industriales) located outside the cities.

Safe activities (Spanish: Actividad inocua) are all activities that do not harm the environment, do not cause physical discomfort to others, and do not carry a potential danger to people and their property. Among these activities are:

Trade in non-perishable goods
Stores of clothing, furniture, household supplies
Intellectual, educational and consulting services provided through offices or institutions and others.

Requirement to confirm the commencement of business activities

The Spanish Ministry of Labor has introduced a requirement to confirm the start of a business in order to be legalized as a Spanish entrepreneur. This is evidenced by declaration forms 036 and 037.

You can get a copy of the declaration of models 036 and 037 (Spanish: Còpia segellada de l "alta censal) on the website of the Spanish tax office. These documents are issued at the territorial office of the Spanish tax office (Spanish: Agencia Estatal de Administración Tributaria).

Simplified business licensing

Spain has a simplified commercial licensing system. The following cases fall under the simplified licensing system:

Small and medium businesses
Licensing of safe activities
Change of business owner
Formation of a new type of commercial activity
Cases of expansion of activities (change of type of business)
All those cases when there is no need to re-equip the commercial premises and prepare a new technical project.

Since the procedure for licensing a safe type of activity, as well as small and medium-sized businesses in Spain is simplified, minimal requirements and low fees are imposed on this type of licensing. For example, in order to open a commercial space of less than 300 square meters for a small or medium-sized business, it is enough to notify the local mayor's office of the intention to obtain a license, attaching an application and technical opinion of the commercial premises to it. Individual entrepreneurs have the most simplified procedure for licensing and registration of activities in Spain.

At the same time, in Spanish law there is no mandatory requirement "to have a license in hand" to start doing business, in case you have already initiated the licensing process. The absence of such a requirement allows you to start commercial activities in parallel with the procedure for obtaining a license (after a month from the date of submission of documents).

Not all activities in Spain are subject to licensing

Among the activities that do not require a business license, we can distinguish: educational, consulting, artistic, craft and other intellectual activities that are carried out at home and do not cause inconvenience to neighbors.

Nevertheless, even for those who work online (plan or already conduct their activities via the Internet, where the business can be of very different content) - for the content of the business in some regions of Spain, you need to have a license or a document stating that the type of activity is not licensed . According to Spanish law, even itinerant artists must obtain permission from the local city hall to perform in a certain place, at a certain time.

Before planning a business in a particular city and determining the territorial location of your activity, find out from the local city hall about the current licensing requirements for the types of activities you are interested in. It may turn out that you contact the mayor's office, and they will answer that according to city rules, a license is not needed ... Then there will be one less task for you!

Commercial space for business

When applying for a business license, a technical opinion is attached containing a plan of the commercial premises for doing business.

The plan of the commercial premises must be signed by a professional expert authorized to sign such projects (architect, technical architect, foreman, industrial engineer). By law, when registering a business in Spain, it is necessary to comply with the requirement for the presence of (office) commercial premises for doing business.

In the case of potentially hazardous activities, a complete technical project is attached to the application, which, during the approval process, is supplemented by municipal conclusions on compliance with urban planning, industrial, sanitary, legal standards and environmental protection requirements. In most cases, specialists not only prepare the required project, but also carry out preliminary construction and technical work to re-equip the premises. The finished project includes plans for the premises, a description of the work performed and the installed equipment.

Increased attention is paid to soundproofing (for pubs, discos, clubs, workshops); sanitary and hygienic standards (for bars, restaurants, cafes); fire safety (for hotels, factories, concert and stage venues).

In the event that it is planned to use commercial premises located in a residential building and on the territory of residential complexes, even before applying for a license, it is necessary to obtain the written consent of the community of residents.

Compulsory licensing in Spain

Compulsory licensing in Spain is subject to any commercial (office) premises for doing business.

A municipal license to open and maintain an office in Spain is a mandatory document, without which no office, commercial or industrial premises can officially operate, where goods, works and services are produced and / or sold. Such a license, issued by the local authorities, confirms that the premises are fit for use and comply with all legally prescribed safety standards.

The license is issued in the name of the owner of the business and is subject to renewal whenever the nature of the business changes, activities expand, special equipment changes, or ownership changes (for example, when the business is sold or when the premises are either rented or owned).

How to get a business license?

In different regions of Spain, the procedure for obtaining a business license may vary in terms of time and cost, but the set of documents and the procedure for their submission is preserved.

In cases where registration of commercial premises for business is required, the procedure for obtaining a license is inextricably linked with obtaining documents for the selected premises. (There are activities in which a commercial premises for business is not required).

Before obtaining permits for business registration, select in advance a suitable office space and the so-called "Local" - commercial premises for your activities. The premises can be rented. You can also buy a ready-made business with premises, as is often done in Spain. The business buyout procedure is called Traspaso. Documents for the leased premises are reissued to the new owner.

In the case of commercial premises, the process of preparing documents will include five stages:

Preparation of a technical opinion (project) of a commercial premises and its certification in the architectural college
Payment of municipal fees
Applying for a business license
Evaluation of a commercial premises by a technical specialist
Issuance of a license

An application for a business license is submitted to the mayor's office of the city with an attached technical opinion. The terms for obtaining a license to conduct business in Spain can vary from one to several months (depending on the complexity of the project and the type of activity).

During the business licensing application process, the commercial premises must be visited by a technical specialist from the City Hall. The specialist evaluates the premises and checks it for compliance with legal requirements. Based on the results of the considered application and the visit of a technical specialist, a decision on licensing is issued.

Business Licensing Costs in Spain

The costs of business licensing in Spain depend on the region (municipality) where the licensing is carried out and the commercial activity is planned. When calculating the municipal fee, the commercial significance of the city area and street, the type and area of the premises, as well as the type of activity are taken into account.

A technical opinion for registering commercial premises also has its own cost, which is calculated individually and depends on the complexity of the project. When calculating the technical opinion, the works on the re-equipment of the premises and bringing them into line with the requirements of Spanish law are taken into account.

For example, for small objects and for projects of medium complexity, this cost can vary within 1000 euros. For more complex and large objects, including a potentially dangerous type of activity, the cost of a document can reach several thousand euros.

The information contained in the article does not replace the advice and services of a lawyer, business consultant, accountant or financial advisor on starting a business in Spain.

One of the forms of doing business in Spain is a sole trader (autónomo). Any individual can register as an individual entrepreneur. Foreign nationals residing in Spain can set up their own business or work as an "autonomo" with a Foreigner Identification Number (NIE). Citizens of countries outside the European Union or Switzerland may need a work visa or residence permit.
The actual process of setting up a sole proprietorship or becoming a self-employed worker in Spain is relatively simple, although it can be labor intensive and time consuming if you are not familiar with the local laws. Therefore, a good solution would be to get qualified advice from a specialist in the design of this type of business. You will also need to register with the relevant authorities to make official payments: the Tax Ministry (Agencia Tributaria, or Hacienda) and the Social Security Service (Tesoreria General de la Seguridad Social), as well as health insurance.
The registration procedure consists of several steps.

It is not difficult to register an individual entrepreneur in Spain, but you need to know the laws well

Registering your business in Spain

First of all, you must register with one of the Spanish tax authorities to pay the tax on doing business (Impuesto sobre actividades económicas). You can find contact information and the address of the local tax office you should contact on the Agencia Tributaria official website. You will need your passport and NIE number to register. You will need to select a category depending on the type of activity, and you will be assigned a special code. Such registration makes it easier for the administration to record taxes and social security contributions.

Then you need to fill out the Modelo 036 or 037 form and receive a personal tax certificate for paying personal income tax (Impuesto sobre la Renta de las Personas Físicas or IRPF).

Registration in the social security system

After registering your business with the tax authorities, you have 30 days to also register with Social Security and notify that you will be self-employed. Individual entrepreneurs are registered under a special regime for autonomous workers (Régimen Especial de Trabajadores Autónomos or RETA). To do this, you will need a passport, NIE, form 036 or 037, a completed application, registration in Spain. In order to receive free medical care from the Spanish public health system as an individual entrepreneur, you must join a health insurance fund (mutua) organized through the RETA system. You can also issue a medical card for all dependent family members living with you.

Taxes when opening a sole proprietorship in Spain

If you register as a self-employed person residing in Spain, you will pay taxes at the same rates as everyone else. But how and when you will need to file a tax return will depend on what kind of activity you conduct. Every year you must complete a declaration (Declaración de la Renta) according to the official Model 100. Some freelancers will also have to complete quarterly Modelo 130 declarations.

Depending on the nature of your work, you can pay tax in two different ways: withhold tax from income (reviews) or make advance payments. In the first case, this means that every time you invoice another legal entity, it must deduct a certain percentage from your invoice in order to pay the IRS as advance income tax on your behalf. In 2017, this retention rate is 15% (can be reduced to 7% in the first three years of operation).

If 70% of the counterparties for which you work as a sole proprietorship are businesses that pay withholding tax on your behalf, then you must complete Form 130 every quarter and pay 20% of your profits to the IRS as advance tax payments. If you pay tax under the modular calculation system, then you must use form 131. The form must be completed in the first 20 days of each quarter - in January, April, July and October.

You can deduct the following expenses from your tax return, provided you have the proper receipts: Social Security contributions; expenses for accounting and consulting services; phone and internet; purchase of stationery and office equipment; transportation costs during work, etc.

It is also worth considering that if you, as an individual entrepreneur, earn more than the annual minimum wage (€9,906.40 in 2017), you are required to pay social security contributions. These contributions entitle you to free health care and a pension if you have paid contributions for at least 15 years.
Most self-employed workers pay a flat rate of €265 per month regardless of how much they earn. It is worth considering that you must make tax payments even if you did not have a profit this month.
For new entrepreneurs in Spain, the state offers preferential tax programs. For example, if you have been registered as a sole trader for the past five years, you can apply for an 80% discount for the first six months, a 50% discount for the next six months, and a 30% discount for three months. Those under 30 can also take advantage of these discounts. Women returning to work after motherhood can receive a full tax exemption within 12 months.

The information in this article is only a general description of the registration procedure. You should seek the advice of a specialist on your specific issues.
If you need help with your sole proprietorship or tax returns, you can hire an administrator and/or accountant to act as a link between you and the Spanish tax system.

The popularity of opening a business in the territory of such a European state as Spain is growing among Russians every year. There is nothing surprising in this, because the legislation of this country is so loyal to small and medium-sized businesses that it is simply impossible not to be interested in businessmen oppressed in Russia by political and administrative pressure.

Naturally, for a promising business, it is necessary to prepare a foundation, foundation, base. Otherwise, the company may burn out.

Preparing to start a business in Spain

You should talk about registering your own business in Spain only after the entrepreneur has solved the following tasks:

Compiled a general idea of the type and nature of their future business activities;

Carried out a marketing research to determine the possible level of profitability of a business idea implemented in Spain;

Has experience in the chosen field of activity;

Speaks Spanish.

What is the success of entrepreneurial activity in Spain?

Before starting the implementation of their business idea in the territory of any state, including Spain, experts advise entrepreneurs to get specialized advice from experienced business consultants, lawyers, accountants or financial specialists.

The main events on the way to starting your own business in Spain

Company registration and company name selection;

Determination of the form of management of the enterprise;

Creation of a business plan;

Finding a source of funding;

Rent or purchase of office or industrial premises;

Obtaining licenses and other permits.

Naturally, all of the above activities should be treated with full responsibility. Many neglect such a moment as choosing a name. This is one of the biggest mistakes new entrepreneurs make. A well-chosen name is the key to a successful future.

Registration of a business name

As for the registration of a business, in Spain it is recommended to additionally register the name of the company in the Register of Commercial Names (Registro del Nombre Comercial). This action allows new companies to use their name as a brand. In general, under current Spanish law, registration of the name of small businesses is not mandatory.

To register with the Registro del Nombre Comercial, you need to pay an economic activity tax - IAE. Through this registration, small businesses can have their own brand name, or business name, that is different from the legally registered business name.

Choosing a form of business in Spain

As in the case of the name of a small business, the success of the further implementation of the business idea depends on the choice of the form of management.

In Spain, entrepreneurs are offered the following forms of doing business:

Empresario Individual or Autonomo - individual entrepreneur;

Comunidad de Bienes - joint venture (joint ownership of property);

Sociedad Civil - partnership;

Sociedad Anonima or S.A. - joint-stock company;

Sociedad de Responsabilidad Limitada, S.R.L./S.L. – LLC (Limited Liability Company);

Sociedad Limitada Nueva Empresa is a new limited company;

Sociedad Laboral - closed joint-stock company (labor);

Sociedad Colectiva is a company with unlimited property liability;

Sociedad Comanditaria - a limited partnership;

Sociedad Cooperativa is a cooperative.

Business plan for business in Spain

Drawing up a business plan is the main task of a novice entrepreneur. The accuracy of its implementation, the clarity of the specified goal and the timing of its implementation - all this is the key to success in obtaining additional funding in Spain.

The Spanish business plan of a Russian entrepreneur should contain materials in the following areas:

Business concept. This section describes the business: what it is, what products and services it will produce, what market segment it will serve, how finished products will be marketed, and how the business will be different from other companies.

Finance. It reflects the business financing system, indicates the most accurate amounts of profit, the amount of authorized capital, etc.;

Financial investments. Here, the entrepreneur must calculate the amount needed to implement the business idea. Indicate the payback period of the business and sources of financing. If a businessman hopes for a business loan in Spain, then the source of guarantees for the loan must be indicated in the business plan.

The internal structure of the company: the management system, the structure of the organization of the enterprise, as well as the main positions and positions of employees.

Features of the enterprise - the favorable location of the company, patents, the availability of prospects, lucrative contracts, etc. points

Search for investments to open a business in Spain

The main assistant in finding investors in Spain during the opening of your own business is a well-written business plan. It must be in Spanish. If the implementation of this task on your own is not possible, then you can use the services of consultants. In Spain, foreign entrepreneurs are often assisted in this respect by regional chambers of commerce.

Investments in Spain are also carried out by private enterprises. The main goal of private investors is to make a profit. Unlike banks, Spanish investors are willing to take more risks. Therefore, finding sources of additional funding from such "business angels" is much easier for novice Russian businessmen in Spain.

To search for private investors in Spain, there is a special network of business angels - Red Espanola de Business Angels.

In addition to finding investors, financing of a new business in Spain can be carried out at the expense of own funds. In particular, this is possible for small businesses with a small authorized capital.

To open a business in Spain, you can take business loans. On the territory of this state, both citizens and foreigners can use such a service. This feature of financial legislation is another reason for starting a business in Spain, and not in another European country.

The terms of business lending in Spain, as in Russia, often depend on the amount, terms and guarantees provided by the borrower.

A feature of Spanish lending is the ability to choose a repayment schedule - quarterly payments, monthly or even semi-annual. The main thing you should pay attention to when applying for a business loan in Spain is the conditions in the ICO - Instituto de Credito Oficial (Official Credit Institute).

The source of financing for business in Spain can also be government grants or subsidies. Here they can be obtained not only by beginners, but also by already operating enterprises, even organized by citizens of foreign states. A good business plan or a promising business idea is enough to expand production in order to receive subsidies or grants at the city, provincial, regional, state or EU level.

Entrepreneurs in Spain can clarify the possibilities of obtaining grants or subsidies in the executive bodies or the regional Chamber of Commerce, as well as in the Direccion Generalde Politicade la Pequenay Mediana Empresa (DGPYME) - the General Directorate for the Policy of Small and Medium Enterprises.

And the last source of financing for starting a business in Spain is the opening of a credit line. In fact, this is the same loan application, but not for the purpose of implementing a business idea, but, on the contrary, for unforeseen expenses that often arise during the implementation of a business idea. The main condition for opening a credit line for a novice businessman of foreign origin in Spain is a residence permit.

Search for premises to open a business in Spain

Before renting a property in Spain for the purpose of running your business, think carefully about what your customers and employees of the business may need, given the scope of your business. Consider factors such as vehicle parking, the need for access to other businesses, hours of operation, and even the possibility of arranging a locker room for staff.

There are a huge number of sites on the national Spanish Internet offering assistance in finding, renting, buying for cash and leasing business premises. Most often, entrepreneurs prefer to use the services of such resources as the website of the Spanish Chamber of Commerce or Fotocasa.es.

Licensing of certain types of activities

Many activities carried out in Spain require mandatory permits and licenses issued by city and provincial governments. In Madrid, for example, the administration obliges all entrepreneurs to obtain a city permit for the construction, repair or demolition of architectural structures. A permit is required to carry out any type of work on the premises used by the business. The cost of a permit depends on the volume and nature of the work being carried out. Such a permit can cost entrepreneurs approximately 50-1500 euros.

Obligatory in Spain is also considered to obtain a license to open an office. To do this, the entrepreneur must provide a plan and a technical passport of the office or production facility.

Activities such as tattoo parlors, travel agencies, car services in Spain also require compulsory licensing.

In general, business licensing in Spain is a very delicate science. Each business may require different types of licenses and permits. Therefore, you can find out the type of licensing and the current conditions for obtaining a permit to carry out business activities in the city hall or provincial administration.

Other subtleties of organizing a business in Spain

If you decide to implement your business idea in Spain, be prepared to pay Impuesto sobre el Valor Anadido (IVA) - VAT. The amount of this tax varies from 4 to 16 percent, depending on the type of business. You can check this information with the Agencia Tributaria (Tax Agency).

Another mandatory condition for registering a business in Spain is the creation of a Libro de Visita (visitor's book). This document is usually required by tax authorities and social security services.

After completing all of the above points, you can start doing business directly, advertise your business, promote the idea and develop a client base.

conclusions

Setting up a business in Spain is a significantly profitable business, provided that the initiator of the business idea has carried it out in accordance with existing norms and requirements. By the way, the Spanish government issues business visas exclusively to promising entrepreneurs. If the business plan lists evidence of the profitability of the enterprise being created, obtaining a visa for doing business in Spain is guaranteed.