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Starting a business on the Orihuela Costa or in Spain.
 

Contributors:- Lorraine & Derek Pearce of Touchstone Solutions.

So you are thinking of setting up a business on Spain. You may be in the UK and considering a move to escape the gloomy economic climate or you may already live here. Either way there are a number of key points to fully appreciate before embarking on business in Spain.

The following is a list of just some of the things worth considering prior to taking such a step;
Do you have the drive and vision needed to be a success ?
Running your own business requires a level of dedication most people find difficult to maintain. Far from spending a few hours working, taking long lunches and relaxing on the beach, many small business owners spend far longer working within their business in Spain than they did working in their home country for themselves or someone else.

Have you tested your business idea?
The one thing the vast majority of potential business owners fail to do is to test their idea with the public. Sometimes they don't even mention it to their nearest and dearest and just because you think it's a good idea doesn't mean to say that the general public will agree with you. Opening another Bar or Restaurant in an overcrowded market is not the way to live a stress free life with a good income. To make sure you have a killer idea do some market research and carefully consider the results. The internet is a marvellous place to dig up all sorts of facts and figures about an area or you could simply ask as many strangers as you can about your idea to gauge their reaction. Don't overly worry that they might steal your ideas. Once you open your establishment all of your competitors will copy you anyway.

What if your idea isn't universally accepted?
This may be a good indicator that you should think of something else. Of course, you may be able to change your business concept into something more attractive and it is better to do it now rather than have to change once you have launched the business.

Put together a business plan.
Business plans are not solely for raising cash from banks or other lenders. They act as a blue print for your business, showing up both the strengths and weaknesses of your ideas and pointing out potential problems you may experience. A good business plan is a living document and something to compare your real world results against once you are up and running. You can put together your own plan, download software or templates from the internet or get a business development company to draw one up for you. The last option is the best one as it provides a fully customised document that truly reflects your business needs and goals, increasing its usefulness and reducing the need to redraw the document in the future.

Get some basic business training.
Even if you have some business experience, doing business in Spain brings its own, unique issues and challenges quite apart from the language and cultural differences. Attending business training will go a long way to ensuring these issues remain manageable. If you have never run a business before then this is even more important as no book or self help study course can fully prepare you for working in Spain.

All of the above can sound rather depressing but if you do have the passion, a killer idea, have done good market research and have a written business plan then there is no reason that Spain cannot provide you with the challenges and success you deserve. The first step then is to “go legal” by setting up a business. Before this you will need to apply for and get an N.I.E. number.
The NIE (Número de Identificación de Extranjero) is issued by the immigration office to you once you have made your application in person at your nearest office. This is your identification number in Spain. It is needed in order to file taxes, buy property, establish a business, open a bank account, and for almost all other forms you fill out. Both EU citizens and non-EU citizens get issued a NIE.
The NIE consists of an 'X' or 'Y' followed by 7 or 8 digits then another letter.
Once you have this you can think about setting up a business but what type of business is best for you?
Just below the at-a- glance information is a table of different business types and a  short list of the common forms of company formation and the things to bear in mind with each one:-

Important Factors at a glance.

  • Go Legal :-
    People are more likely to use your service or buy your product if you are a legally registered company or business.
  • Get your N.I.E :-
    The Spanish passport to EVERYTHING, including business.
  • Get a good Accountant (Abogado) :-
    A good accountant will be able to explain the ins and outs of the Spanish Business System, from the right Social Security, to taking on staff to taxes.
  • Get Sound Professional Advice:-
    Talk to people who are in business, your accountant and possibly a lawyer to aid you to get the best start that you can..
  • Join a Business Networking Group:-
    Joining a business networking group (like CSi - Business Networking Group), can help you get support, adcice and build business relationships quickly
  • Do your market research:-
    Talk to people, make sure that your product or service is a viable (and hopefully profitable) idea.
  • Know your limits:-
    If it isn't working, don't keep pouring money into it. Re-think, get advice and close it if needs be.

Don't Forget !!!


Remember that you will  have to make regular payments each month, or quarter, including income tax, IVA, Social Security and utilities or rents that you may have on a regular basis, along with any other business expenses that you may incur.
 
  • If you have employees, then you are responsible to pay approx. 38% of their salary as your employers contributions to their Social Security.
  • The business year in Spain goes from 1st January to 31st December.

Your taxes for each quarter are  due around the 20th of the following months:-
  • 1st Quarter (Jan-Mar) April
  • 2nd Quarter (Apr-Jun) July
  • 3rd Quarter (Jul-Sept.) October
  • 4th Quarter (Oct-dec.) January of following year
Social Security.
Your Social Security (Seguridad Social) is a payment that provides you, your partner and employees (if you have them), contributions toward Healthcare and a Spanish Pension.
It is a good idea to speak with your accountant (abogado) about the process involved in setting up your business, registration at the Hacienda (Tax Office) and the types and amounts of different payments that you may need to make.
 
 

The different types of Businesses in Spain..

 

Type of Business
Liability
No. of Partners Backing Capital Taxation
Empresario Indivudual
(self-employed, also known as autonomo)

 Individual  1  Not Required Income tax and I.V.A.(same as VAT)
 Sociedad Limitada
(limited company)
 Corporate  1-50  Minimum of 3006€  Corporate Taxation
 Sociedad Anónima
(corporation)
 Corporate  1 or more  Minimum of
60, 102€
 Corporate Taxation
 Sociedad Colectiva
(co-partnership)

 Corporate  2-50  0-250,000€  Corporate Taxation
 Sociedad Cooperativa
(co-operative)

 Corporate  3 or more
(if Cooperativa Laboral, 1 MUST be a Spanish citizen)
 minimum of 25,000€  Corporate Taxation
 Sociedad Limitada Laboral
(limited partnership)

 Corporate  3 or more (1 MUST be a Spanish citizen)  minimum of 25,000€  Corporate Taxation

 
Empresario individual (self-employed) is very popular in Spain with Sociedad Limitada (limited-liability company) next most common but there are certain issues associated with self employment.
Like the UK if you are self-employed and someone files a lawsuit, then you are liable -- your personal assets may be taken from you. If you form a company, then only the assets of the company are at stake.
Normally, self-employment is the option when you're just starting out and aren't ready to commit money for company formation and accounting.

Company Formation.
Whilst it is possible to form a company on your own you would need a high degree of knowledge both of the local administration offices and the Spanish language. As a result most people use the services of an Abogado or Fiscal representative who can arrange all the paper work on your behalf. In addition many will also sort out payment of your Social (see below) and offer both bookkeeping and accounting services. The fees vary from firm to firm and it is recommended that you ask around before making your choice.

Social Security Payments.
Like all the laws in Spain this is both complex and changes regularly so it is always best to check the current situation with your Fiscal Representative or other legal office as the amounts you have to pay vary widely depending upon your status and that of your business. In essence the Social Payment covers your basic medical cover and a payment towards your state pension. There is an element of choice in deciding which level of payment you make with most people taking the lowest payment scheme of approximately 230€ per month.
Please remember that you have to pay your Social Security whether you earn money in each month or not, as the payments go toward your healthcare and pension

This article covers the barest details of company formation and is drawn from a number of sources. As stated above the laws, amounts and details of company formation are subject to change and all information is provided with this in mind. Always make sure that you have the most up to date information from your accountant, the Town Hall, the Department of Social Security or another trustworthy source of advice. Ignorance will not stop you being fined if you are not up to date with payments.

Touchstone Solutions are business advisory consultants and provide sound business advice to both start up and established businesses. To discover how they can help you  can contact them at :-
info@touchstone-solutions.com, call them on +34 966 111 774 or visit their website www.touchstone-solutions.com
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