Legal Entity Setup & Back-Office Services in Spain

Complete Spain Entity Incorporation with Ongoing HR, Payroll, Accounting, Tax, and Compliance Support

Last updated: June 16, 2025
Spain-place

Country Overview

As the fourth-largest economy in the European Union, Spain has a strong economy and a skilled workforce. Due to foreign investments and expansion, the nation is also considered a business-friendly country. The key sectors are IT, automation, and digital security, which create opportunities for tech companies. The government provides support and incentives for businesses and foreign investors investing in Spain. 

Capital City

Madrid

Language

Spanish

Currency

Euro (EUR)

Business Hubs

Madrid, Barcelona, Valencia, Seville

Expand Your Business in Spain

Unlock growth opportunities in Spain with Cerity Global as your trusted partner. We offer end-to-end support for establishing your legal entity, navigating Spain’s often complex regulatory landscape with clarity and efficiency. 

From company registration to ongoing back-office support, including HR, payroll, benefits, accounting, tax and compliance, Cerity Global simplifies the process so you can focus on growing your business. 

Need to hire quickly before your entity is set up? We offer interim EOR services in Spain, enabling you to onboard talent fast. Once your entity is established, we ensure a smooth transition of your employees from the EOR Structure to your own legal entity, without disrupting payroll or compliance. 

Our experts stay ahead of regulatory changes to keep your operations aligned with Spain’s employment and tax laws, helping you scale confidently and compliantly. 

Legal Entity Setup

Types of legal entity setups for international expansion in Spain

Sociedad Limitada (LLC)

Also known as a limited liability company, it is an independent establishment that is managed by a board of directors, a sole director, joint directors, or joint and several directors. The executive committee and managing directors are only appointed if there is a board of directors and require delegation of board powers. 

Sociedad Anonima

Also known as a joint-stock company, it is a form of establishment that is managed by a board of directors, a sole director, joint directors, or joint and several directors. The executive committee and managing directors are only appointed if there is a board of directors and require delegation of board powers. 

Sucursal

Also known as a branch, it is an establishment that carries out the parent company’s business activities either completely or partially. 

Resident Director Requirements

Sociedad Limitada (LLC)

Directors are required, and they may be corporate bodies or individuals. If there is a board then the board must appoint a chairman and secretary. 

Sociedad Anonima

Directors are required, and they may be corporate bodies or individuals. If there is a board then the board must appoint a chairman and secretary. 

Sucursal

From incorporation, a representative must be appointed with a certain delegation of power. 

Bank Account Setup

In Spain, bank account setup cannot be fully completed before legal entity incorporation, but it’s part of the incorporation process itself and occurs at a specific stage. Here’s how it typically works. 

Bank Account Setup in Spain: What’s Possible and When 

Before Incorporation: 

  • You must open a preliminary bank account (called a “cuenta bancaria para constitución” or a founding account). 
  • This is used to deposit the share capital (typically €3,000 for an S.L., Sociedad Limitada).
  • The bank issues a certificate of deposit, which is required to proceed with registration at the Commercial Registry (Registro Mercantil).
  • However, this is not a fully operational account yetYou cannot use it for day-to-day business activities or make/receive payments until the entity is formally registered.

After Incorporation: 

  • Once the entity is officially registered and has a CIF (tax ID) and registry documentation, the bank account can be fully activated.
  • Only then can you access online banking, issue cards, or conduct business transactions. 

Note: 

Spanish banks are cautious and may request in-person signings, extensive documentation, and even local director/residency links depending on the bank and the company structure. 

Required documents include the company’s certificate of name reservation, directors’ identification, and the notarized articles of association.

Why choose Cerity Global's Legal Entity Setup Service?

Cerity Global supports companies in their global expansion plans and helps in legal entity setup, registration and ongoing support services. With us, you can quickly set up a legal entity, operate compliantly, and expand globally. The process typically takes a few days to a week, depending on the bank. 

Human Resources

Employment in Spain is primarily governed by the Estatuto de los Trabajadores, also known as the Workers’ Statute. 

Additionally, Collective Bargaining Agreements (CBAs) also play a crucial role in setting out specific terms and conditions for different professions and sectors. 

Some of the standard details mentioned in the written contract include: 

  • Job title and description 
  • Salary and benefits 
  • Work location 
  • Working hours 
  • Leave entitlements 
  • Termination conditions 

Types of employment relationships

The different types of employment relationships are:  

Indefinite-Term Employment 

Also known as permanent employment, these are the most common form of employment in Spain and have no set date. Indefinite employment provides job security and stability to the employees and can be both full-time and part-time. 

Fixed-Term Contracts  

Also known as temporary employment, these contracts have a stipulated end date and are commonly used for specific tasks or projects. 

In Spain, a probationary period typically lasts up to 6 months for qualified employees and 2 months for others. 

The regular working hours in Spain are typically 40 hours per week. Recently, the government announced reducing the standard workweek to 37.5 hours. 

Overtime  

Overtime is limited to 80 hours annually. 

Spain’s minimum wage system, also known as, Salario Mínimo Interprofesional (SMI) sets the following: 

  • Monthly minimum wage is €1,184 per month and is paid in 14 instalments 
  • Overtime is calculated by adding a premium, 175% of the total pay, or an equivalent compensatory time off. 

A notice period of 15 days is applicable. 

An employee receives severance pay, also known as finiquito, if terminated due to economic, technical, organizational, or production-related reasons, or unfairly dismissed by a labor court.  

Generally, the employer is required to pay 20 days’ salary per year of service, up to a maximum of 12 months. However, in cases of unfair dismissal, the employees receive 33 days’ salary per year of service, up to a maximum of 2 years’ salary. 

Foreign nationals can live and work in Spain by securing a work and residence visa. With a valid job offer and employer sponsorship, individuals with the right skills or qualifications may be eligible for temporary or long-term work authorization. 

Work Visa & Permit Options in Spain 

1. Highly Qualified Professional Visa (HQPV) 

Ideal for senior-level hires or technical roles. 

  • Who it’s for: Non-EU nationals in managerial or specialized technical positions. 
  • Entity requirement: Must be sponsored by a company registered in Spain. 
  • Processing time: Subject to embassy processing timelines. 
  • Permit duration: 1 to 2 years, renewable. 

Often used by multinational companies to bring in expats or foreign senior talent. 

2. EU Blue Card 

A standardized EU-wide permit for skilled non-EU workers. 

  • Salary threshold: Typically 1.5x the average national salary. 
  • Degree requirement: Must hold a recognized university degree or equivalent. 
  • Permit duration: 1to 4 years, with fast-track residency benefits. 
  • Family reunification: Allowed. 

3. Regular Work Visa (General Employment Authorization) 

For standard employment outside the HQPV or Blue Card route. 

  • Quota system: Subject to Spain’s annual labor market test and quota availability. 
  • Permit tied to employer: Yes, and it must align with the job contract and region. 
  • Longer process: Usually slower than HQPV. 

4. Intra-Company Transfer (ICT) Visa 

For companies moving staff from abroad to a Spanish office. 

  • Employee tenure: Must have worked with the company for at least 3 to 12 months. 
  • Permit scope: Only valid for assignments within the same company or group. 
  • Fast-track under Spain’s Entrepreneur Law. 

5. Digital Nomad Visa (NEW as of 2023) 

Great for remote workers employed outside of Spain. 

  • Non-resident tax benefit: Flat 24% rate on income up to €600,000 for 5 years. 
  • Minimum income requirement: approximately €2,500 to 3,000/month. 
  • Duration: Up to 5 years with renewal options. 
  1. Offer Letter/Contract from a Spanish company 
  2. Application for work authorization filed with Spanish authorities (employer or legal rep) 
  3. Visa application submitted to a Spanish consulate abroad 
  4. Entry & registration in Spain (NIE, Social Security, city registration)

Key Notes: 

  • EU/EEA/Swiss nationals do not need a work permit. 
  • Employers must register with Social Security and be compliant with Spanish labor laws. 
  • Family members can usually apply for dependent visas. 

Leave Entitlements and Employee Benefits

Annual Leave

Annual leave in Spain is 22 days for full-time employees, and this leave is fully paid. 

Maternity leave in Spain is for 16 weeks. 4 weeks can be taken before the birth of the child, and 6 weeks immediately after childbirth. 

Paternity leave in Spain is for 16 weeks. 6 weeks immediately after childbirth and the remaining ten (10) weeks are flexible within the first year. 

Employees in Spain get paid sick leave as per social security regulations, categorized based on the duration and cause of the illness or injury. 

  • Days 1 to 3 – usually unpaid, unless otherwise covered by a CBA or company policy 
  • Day 4 to 15 – Employer pays 60% of the employee’s base salary 
  • Day 16 to 21 – Payment continues at 60% now covered by Social Security (INSS). 
  • Day 21 onwards – Payment increased to 75% of the base salary 

The following statutory national holidays are observed in Spain:  

  • New Year’s Day 
  • Epiphany 
  • Maundy Thursday (except Catalonia & Valencia) 
  • Good Friday 
  • Labor Day 
  • Assumption of Mary 
  • All Saints’ Day 
  • Constitution Day 
  • Immaculate Conception (National except Ceuta) 
  • Christmas Day 

Payroll

The payroll frequency is usually monthly, and employees are paid on the last working day.

Mandatory Bonus

In Spain, 13th and 14th-month salaries are common and typically paid in July and December.

Benefits

Employees in Spain must pay Social Security taxes, which contribute to Social Security benefits.  

The mandatory and statutory benefits in Spain are: 

  • Public Healthcare 
  • Pension (Retirement) 
  • Unemployment Insurance 
  • Maternity and Paternity Benefits 
  • Temporary Disability (Sick Leave) 
  • Permanent Disability 
  • Workplace Accident and Occupational Illness Insurance 
  • Survivor’s Pension (for dependents after death) 
  • Social Services (e.g., disability assistance) 

Accounting Standards

Accounting standards must adhere to Spanish Generally Accepted Accounting Principle (GAAP) and International Financial Reporting Standards (IFRS).

Reporting Requirements and Thresholds

Companies in Spain must file annual financial statements with the Mercantile Registry (Registro Mercantil). 

  • Filing deadline: Within one month after shareholder approval, and no later than 7 months after the fiscal year-end. 
  • Financial statements must include:
    • Balance sheet 
    • Income statement 
    • Notes 
    • Management report 
    • Audit report (if applicable) 
  • Electronic filing is mandatory for most entities. 

Audit Requirements and Thresholds

Statutory audit is required if a company exceeds two of the following three thresholds for two consecutive fiscal years: 

  • Total assets > €2.85 million 
  • Annual turnover > €5.7 million 
  • Average employees > 50

Audits must be performed by a certified auditor and submitted with the annual accounts to the Mercantile Registry.

Taxes and Contributions

Corporate Tax

The standard corporate tax rate is 25%. Newly incorporated companies can benefit from a reduced rate of 15% during their first 2 profitable years.

VAT

The VAT rate in Spain is 21%.

 Filing Dates

Corporate tax returns are due by July 25 for companies with calendar year-ends (within 25 days after the six months following the financial year-end).

Penalties

Penalties for administrative underpayment range from 50% to 150% of the unpaid tax due.

Transfer Pricing

Spain follows OECD Transfer Pricing Guidelines, regulated under Article 18 of the Spanish Corporate Income Tax Law. 

  • Transactions between related parties must follow the arm’s length principle. 
  • Acceptable methods include CUP, Resale Price, Cost Plus, TNMM, and Profit Split. 
  • Documentation is required for both inbound and outbound transactions above specific thresholds. 

Country by Country Reporting

Spain has implemented CbC reporting in line with OECD BEPS Action 13. 

  • Applicable to: Multinational groups with consolidated revenues exceeding €750 million in the previous fiscal year. 
  • Ultimate parent entities resident in Spain must submit Form 231 (CbC report). 
  • Filing deadline: 12 months after the fiscal year end. 
  • Notifications are required from constituent entities if the parent is not resident in Spain. 

Master File and Local File Requirements and Thresholds

Transfer pricing documentation is mandatory for companies that exceed certain thresholds. 

Master File 

  • Required if consolidated revenue of the group exceeds €45 million. 
  • Must include information about the group’s structure, business activities, intangibles, intercompany transactions, and financial arrangements.

Local File 

  • Required if the total volume of related-party transactions exceeds
    • €250,000 per transaction with a single entity (some exclusions apply), or 
    • €100,000 for transactions involving tax haven entities. 

     

Deadline: To be prepared and made available by the end of the tax filing period but not submitted unless requested by the tax authorities. 

Data Protection & AML Compliance

General Data Protection Act

Spain follows the EU General Data Protection Regulation (GDPR), requiring strict personal data protection and compliance.

AML (Anti-Money Laundering)

Spain’s AML framework is governed by Law 10/2010 of April 28, on the prevention of money laundering and the financing of terrorism, as amended by Law 10/2020. The law aligns with EU Directives and includes: 

Obligated entities: Financial institutions, accountants, notaries, real estate agents, legal professionals, and others must comply. 

Key requirements: 

  • Customer Due Diligence (CDD) and Know Your Customer (KYC) 
  • Suspicious Activity Reporting (SAR) to SEPBLAC (Spain’s financial intelligence unit) 
  • Record-keeping obligations (minimum of 10 years) 
  • Internal controls and employee training

Penalties: Fines and criminal charges. 

Why Spain?

Reasons you should setup legal entity in Spain: 

  • Access to the EU market to a large consumer base of over 450 million people 
  • Robust infrastructure and skilled workforce 
  • Strategic gateway to Europe, North Africa, and Latin America 
  • Operating costs for labor and office space are competitive

Cerity Global ensures your business expansion in Spain is fast, compliant, and future-ready, so you can focus on growth while we manage the back-office tasks.

  

Economic figures are subject to change based on quarterly reports and market conditions. 

Cerity Global as your legal entity setup partner in Spain

Cerity Global combines deep local knowledge with proven expertise to make your Spain business establishment effortless and compliant. Whether you’re looking for legal entity setup and registration or ongoing support, we’re your trusted partner for sustainable global expansion in Spain.

 

 

Disclaimer – The information provided is for informational purposes only and does not constitute legal, business, or tax advice. Entity setup requirements, tax rates, and economic data are subject to change and may vary by location. Cerity Global disclaims any liability concerning the accuracy, completeness, or currency of this information. 

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