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Fundamental
questions for business people September 2000 |
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José
Luis Hernández Socorro

Accountant. Director
of Gestiones.com |
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Detailed below are very important
questions that persons who are thinking of setting up their
own business, or that already have their own business, must
bear in mind.
It is very important not
to overlook any of the following points in order to avoid
fines imposed by the Government. |
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Company
or individual |
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In Spain a business
may be set up either as an individual or as a company (normally
a limited company must be formed with a minimum of 500.000
pesetas). In order to set up a company there are a series
of steps which must be carried out, for example to apply for
the company name, do the articles of association, to sign
the constitution in a public Notary, to obtain the Fiscal
Identification Number (CIF), to register the company in the
Commercial Registry, etc. |
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Tax
registered |
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No business can establish
itself in Spain without being registered with the Tax Authorities
via what is known as Fiscal Licence Tax (IAE Impuesto sobre
Actividades Economicas) This tax is paid each year and the
amount depends on the type of business in question, the characteristics
and on the location of the business premises, etc. |
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IGIC
registered |
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The IGIC is the same
as Value Added Tax in Europe but with certain important differences.
The general rate of this tax is 5% which is very different
compared to 17.5% in England and 16% in Germany. Therefore,
in this aspect, we could say that we have less taxes. The
tax returns for the IGIC, must be completed every three months
and every year a summary must be done and presented in January. |
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Municipal
opening licence |
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This is a licence which
is granted by the Town Hall in order that a business may establish
itself in that particular municipality. The procedure depends
on the type of business that is being set up. In some businesses,
for example bars, restaurants, discos etc. it is necessary
to present a plan that has been drawn up by Quantity Surveyor,
without which you can not open the business. |
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Social
Security registered |
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All company employees
must be registered with the Social Security, they must also
have a legal work contract and their corresponding monthly
quotas must be paid for them in the Social Security. Furthermore
resident Administrators of Spanish companies are obliged to
register with the Social Security and make monthly self employment
payments, which are brought up to date each year, in 2002
it is 205,53 Euros. |
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Rented
business premises |
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If the premises from
where the business is going to be carried out is rented, 15%
of the montly rental payment must be retained from the owner.
This retention must be paid to the Tax Authorities every three
months and at the end of the year the tenant should give a
certificate to the landlord so that he can deduct the retained
taxes. |
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Income
tax |
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If the business has
been formed as an individual, then he is obliged to carry
out quarterly tax returns as well as the annual income tax
return which is a type of annual summary of the business.
Family and personal circumstances must alos be taken into
account, for example, if the individual is married, if he
has children, if he is paying a mortgage, if he is paying
into any private pension plans, if he has profits from shares.
etc… |
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Official
accounts |
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Companies must draw-up
their accounts in line with the what is known as the General
Accountancy Plan (PGC). The accounts books must be authenticated
every year in case of possible inspections that may be carried
out by the Tax Authorities. |
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Corporate
tax |
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This is a tax which
companies are obliged to declare every year what is known
as Impuesto de Sociedades. (Corporate Tax). This takes place
in the month of July and is a type of annual summary of profits,
expenses and investments made in the previous year. It is
important to mention that the Canary Islands probably has
the lowest taxes of the European Union. Basically the main
advantages of setting up a business in the Canary Islands
are:
The possibility to reinvest
profits (what is known as the RIC, Canary Islands Investment
Reserve, a system aimed at stimulating self-financed investment).
The exemption of taxes
on any building investment carried out in order to develop
the business activity, etc, etc.
However to obtain these
lower taxes there determined requirements that must be met
and failure to do so may result in considerable fines. Along
with this obligation, the accounts, signed by the Administrators,
must be deposited in the Mercantile Registry along with a
certification that the annual meeting of all shareholders
has taken place to examine the accounts. |
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