Working on your own account in Spain

1. If you are European Union national

European Union nationals can now work in Spain without any restriction. They can work under the same conditions as Spaniards do, the only thing they are required is to get their residence card (European Community registration card).

2. If you are non-EU foreigner

Non-EU foreigners autonomous workers must have the required residence permit and the autonomous work permit (issued simultaneously for the same duration).

Please note that non-EU foreigners residing in Spain with a work permit subject to an employment contract cannot establish themselves to work on their own account until they get the corresponding autonomous work permit.

3. Legal requirements

If you wish to establish as self-employed worker in Spain, be aware that you shall join the Autonomous workers special system (Rí©gimen especial de trabajadores autónomos). This enables you to work as self-employed translator, teacher, architect, plumber;

The applications for joining the Autonomous workers’ special system shall be made to the Provincial offices of the Social Security General Treasury (Tesorerí­a General de la Seguridad Social) within 30 days from starting the professional activity.

Once you are registered, you shall pay a monthly fee, which provides you health care coverage (sickness and maternity). It provides no unemployment benefits. The amount to pay will depend on the base you choose; you may choose to pay for temporary incapacity coverage, to pay higher fees for receiving higher pension when you retire;

Self-employed persons require evidence that they meet the requirements to operate a business or perform a particular profession in Spain.

You shall register at the Spanish tax office (Hacienda) to establish accounting and tax obligations. As autonomous worker you have ongoing accounting and tax obligations which must be carried out normally every 3 months, the amount of these obligations will depend on the accounting and tax system under which you are registered.

4. Tax obligation

Tax obligation includes personal income tax declaration (declaración de la renta) and VAT (IVA) tax declarations, you should hand over the VAT you have collected during the 3-month period of professional activity, deducting the VAT you have paid for purchasing on your own business expenses. You shall also pay an annual business tax to the local town hall.

Be noticed that self-employed workers in Spain cannot receive unemployment benefits in the event they became unemployed.

Working on your own account is compatible with working as employee for another company.

It is strongly advisable to contract the services of a Spanish Lawyer, since working on your own account could entail problematic situations such as refuse to pay your professional services once these are finished; you may find out that an unsatisfied customer has filed a claim against you;

A Spanish Lawyer may collect your money from debtors, saving you time and costly process He may also represent you in resolving all phases of litigation before Spanish Courts, when necessary.

5. Getting legal help

We can provide you with useful legal help if you are intending to become a self-employed worker in Spain. Start by setting up a consultation with one of our Spanish lawyers for a fixed one-off price:

Ask an English-speaking Spanish lawyer now.

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