Do you have a business idea and need help to develop it? Are you thinking of starting up a business but you aren´t sure where to begin? If you find yourself in this situation or if you just want to avoid future obstacles that may arise along the process, would like to present you the complete process on setting up a company in Spain.
- Formalities before the registration
1.1 Registration of the name and opening a bank account
The very first step will be to apply for the company name certificate, a document which certifies that the chosen name does not match with any other existent name in the Registry.
The next step would be to open a bank account in the name of the company, depositing the minimum required capital share corresponding to the chosen legal form. The bank will issue a certificate which will later on be useful for your lawyer.
1.2 Articles of Association and Public Deed
The articles of association are the rules that govern the functioning of the company. The company´s purpose, the administration system, the shares, and the capital share shall be integrated in these articles of association.
With regards to the public deed, we should provide the following documentation:
- ID number.
- Articles of association.
- Negative certificate of the corporate name and bank certificate.
- In the case of foreign partners, a statement of their foreign investments is also required.
1.3 Paperwork before the Tax authorities:
a) Provisional Identification number for tax purposes. (Número de Identificación Fiscal (NIF) Provisional)
To this effect, there will be necessary a proof of identity of the signer, the 036 model and a copy of the public deed.
b) Registration in the Trade Income Tax el Impuesto de Actividades Económicas
It is a local tax which levies the activities of companies, professionals and artists.
Se trata de un impuesto local que grava la actividad de empresas, profesionales y artistas.
c) Fiscal Registration of VAT. (Declaración censal Impuesto del Valor Añadido (IVA))
We will specify when the activity as a taxable person commences, changes or ceases.
- Registration.
Within 2 months since the public deed, the company has to be registered. This registration has to be done in the Mercantile Registry of the same province of its business address providing the following documentation:
- Negative certificate of the corporate name.
- Authentic public deed.
- Copy of the Provisional Identification number for tax purposes
Once registered, a series of steps have to be performed when setting up a company in Spain
- Formalities after the registration
3.1 Definitive Identification number for tax purposes
Once all the previous requirements are met, the same as with the Provisional Identification number, we will get the Definitive Identification number for tax purposes before the Tax authorities.
3.2 Paperwork before the Social Security
a) Apply for the Freelancer regime through the submission of the TA0521 model providing these documents:
- ID number
- When necessary for foreign employees, the corresponding work permito r the certificate of exemption from this requirement.
- Any other document that justify the registration.
b) Patronal number for this case case.
3.3 Opening licence form.
This licence is an essential requirement for a retail space, industrial premises or an office to hold any commercial, industrial or service activity. This document certifies that all the conditions for its use and habitability are met.
Finally, provided that all the previous requisites are met, you will be able and allowed to start your activity.
As you would have seen, it is not a simple process. That is why we strongly recommend you to delegate to highly specialised experts who will settle everything in an efficient and effective way. Give us a call!