It is advisable to keep up to date
with all the fiscal, accountancy and legal obligations of
your company when doing business in Spain in order to avoid
unnecessary fines. The alleged unawareness of a tax law will
not be considered as reason enough to avoid the consequent
problems with the Spanish Tax Authorities. In short, it is
your obligation to keep yourself informed.
Individual or
Company?. Firstly, clarify that you may do business
in Spain, either as an individual person or businessman, or
as a corporation (limited company) or Private Civil Company.
In order to decide on one or the other option, it is advisable
to first take into consideration that if an individual, or
businessman suffers economical problems, he will respond with
his own assets, whereas a company will only respond with the
company capital invested when it was incorporated.
Unlike other countries
(such as, for example England) the Spanish fiscal year coincides
with the natural calendar year, which is to say, it begins
on the first of January and ends on the 31st of December each
year. Therefore the accounts are closed on the last day of
each year.
It is compulsory, both
for individuals and companies, to obtain a Fiscal Identity
Code or NIF. Companies are furthermore obliged to register
with the Tax Authorities and at the Department of Economy
of the Canary Island Government Delegation (authority that
deals with the Canary Island VAT or IGIC).
Retentions made from business
premises owners. When a company rents a business premises
it is obliged to make a tax retention from the owner and to
pay these retentions each quarterly to the Tax Authorities.
IGIC (Canary Island VAT)
Secondly, it must submit the local VAT (IGIC) tax declarations
each quarterly and furthermore prepare two balance sheets
per year for the IGIC:
Tax declarations for transactions
that exceed 3.000 €. A tax declaration must be submitted
during the month of March (model 347) which serves as a cross
reference for the details provided by the company, with its
clients and suppliers, who must also make the same tax declaration.
Consequently the figures provided by both parties involved
should coincide.
Payment on Account.
The companies that obtain a profit should furthermore make
three payments on account of the corporate income tax. This
will later be deductible.
Quarterly tax
declarations. Individuals are obliged to make quarterly
tax declarations (during the first twenty days of January,
April, July and October) in which they will detail the volume
of income received during the previous quarterly and the expenditure
deductible from the income. If the balance of the quarterly
shows a profit they will become obliged to make a payment
on account to the Tax Authorities, which will ultimately be
deducted from their yearly individual income tax declaration
(IRPF) that should be submitted during the month of May and
June each year. There is also a certain system known as a
"system by modules" for certain business activities.
Company Services.
Any persons providing remunerated services for a company should
also make a yearly income tax declaration for individual persons.
Corporate Income
Tax. The month of July is the most important month
for companies, as during the first 25 days of this month they
are obliged to submit the yearly tax declaration for corporate
income tax. Furthermore, the directors are obliged to examine
the yearly accounts for approval at the yearly board meeting.
These accounts should be duly signed by the directors. Corporate
income tax should be submitted to the Tax Authorities and
the yearly accounts should be deposited at the corresponding
Registry of Companies. The automatic and immediate procedure
of the Tax Authorities upon non fulfilment of these tax obligations
is to send a notification. The Tax Authorities are not at
all flexible regarding the time limits for the submission
of tax declarations.
Accountancy.
Companies are obliged to prepare their accountancy using a
special legal format in accordance with the so called general
accountancy plan. This accountancy will be bound and legalized
for submission during any posterior inspections.
Social Security.
Apart from the obligations already specified, individuals
and also at least one of the directors of a company should
be registered with the Spanish Social Security and pay the
monthly autonomous insurance. |