Serving Countries
Spain
 

Introduction

Spain has 47 Mio residents and stretches around 505,992 square kilometers. It has a GDP of 1.5 trillion Euros which results in a GDP per capita of around 30’000€. Spain is a member of the European Union since 1986 and has adopted the Euro as official currency in 2002.

 

Except from the Spanish main land on the Iberian half island there are two major island groups belonging to Spain (circled in red). The Baleares (Mallorca, Ibiza, Menorca and Formentera) lie in the Mediterranean Sea and the Canary islands (Tenerife, Gran Canaria, Lanzarote, Fuerteventura, La Palma, La Gomera, El Hierro) in the Atlantic Ocean.

 

Foundation of a company

Registration of the company name at the Central Commercial Registry, confirming that the name you intend to use is not already registered. Apply for your company tax identification code at the tax office. Deposit the capital into a bank account in the company's name; the amount of capital will depend upon the type of corporation you intend to set up. The founding partners, shall sign the constitution deed for the business before a notary in Spain. The name certification, the C.I.F. and bank receipt justifying that the deposit has been done will be required. Pay the transfer tax at the tax office of the province where the company has incorporated. Deed of incorporation and C.I.F. will be required. The amount to pay is 1% of the company capital share.

 

The next step is registering the company at the Corporate Registry. Deed of incorporation will be required. Any company interested in doing business with a Spanish corporation may consult the Corporate Registry in order to seek accurate information about that corporation. A Formal Declaration to start the activity of the company shall be filed before the Spanish Tax Office, which shall contain the tax system for which the company will be liable. Communication of the opening of the work center or resumption of economic activity, it must be filed before the Regional Work Authorities Office.

 

Furthermore, the declaration of foreign investments in Spain has to be made. Foreign investments assigned to set up a company in Spain shall be declared to the Spanish Investments Register of the Tax and Economy Ministry.

 

Law 14/2013 of September 27, on support to entrepreneurs and their internationalization: measures aimed at facilitating the entry and stay in Spain of non-EU foreign investors who wish to acquire real estate (Golden Visa)

 

In accordance with Spanish Law 14/2013 of September 27, on support to entrepreneurs and their internationalization, non-resident foreigners who wish to enter Spain to make a significant financial investment may apply for a residence visa for investors.

 

1.    RESIDENCE VISA FOR INVESTORS

 

Investment in real estate: Among the cases treated as a significant financial investment is the acquisition of real estate in Spain with an investment of €500,000 or more, per applicant.

 

Requirements: For the visa to be granted, in addition to the general requirements for entry and residence permit which must be met by foreigners who are not going to engage in remunerated activities (such as having no criminal record and not being refused entry, having health insurance or evidencing sufficient funds for themselves and their family members to stay in Spain), investors must evidence the ownership of the properties in question.

 

The properties must be free and clear of liens and other encumbrances, except the part of the investment that exceeds €500,000, which may be subject to liens or encumbrances.

 

Investment through a corporation: The foreigner would be deemed to have made a significant capital investment where the investment is made by a corporation, with registered office in a territory not treated as a tax haven under Spanish law, provided that the foreigner holds, directly or indirectly, the majority of its voting rights and has the authority to appoint the majority of the members of its managing body.

 

Term: The residence visa will allow investors (and their spouse and offspring under 18) to reside in Spain for at least 1 year.

 

2. RESIDENCE AUTHORIZATION FOR INVESTORS

 

Any investor who wishes to reside in Spain beyond the expiration date of his visa may apply for a residence authorization for investors.

 

Requirements: In order to apply for the authorization, in addition to meeting the general requirements under Article 62 of the Law, evidence must be provided that the investor:

 

(i) has a valid residence visa for investors (or one that expired less than 90 days earlier),

(ii) continues to own properties valued in the minimum amount required,

(iii) has traveled to Spain at least once in the period authorized for residence and

(iv) has complied with tax and social security obligations, where appropriate.

 

Term: The residence authorization will last for 2 years, renewable at the request of the investor.

The residence authorization will be granted within 20 days after receipt of the application, and if no decision is made on the application within this period, it will be deemed granted by administrative silence.

 

Unlike the need to evidence ongoing residence in Spain to acquire a long-stay residence permit or Spanish nationality, a residence authorization may be renewed even in the case of absences of longer than 6 months in a year.

 

Continued compliance with conditions: As long as their visas or authorizations are in force, foreigners must continue to comply with the conditions on which such visas or authorizations were granted. The relevant Government agencies may verify compliance with legislation.