Company Law

Legal requirements and benefits of the Spanish patent box

The Spanish patent box is not a Spanish company form, but a privileged form of investment for Spanish companies. Its purpose is tax savings for intellectual property income. Thus, the attractiveness of the business location in Spain and its internationalization is promoted. The legal basis is Article 23 of the Corporate Income Tax Law. The usual corporate forms include the Limited Liability Company and the Public Limited Company.

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The benefits of a Spanish holding company (ETVE)

The purpose of an ETVE, a Spanish holding company, is to restrict the double taxation of income of Spanish companies. The aim of this special tax position is to promote the Spanish economy through tax cuts and the expansion of companies abroad.

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Requirements of a Spanish holding company (ETVE)

Regarding personal and material resources, a Spanish holding company can not be an empty shell or a mere custodian of assets. Regarding tax privileges, the company is not subject to the regular commercial, corporate and value added tax.

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Establishing a holding company in Spain: Legal Requirements

Holding companies, also know in Spain as ETVE (Entidades de Tenencia de Valores Extranjeros (ETVE) are considered as one of the most competitive holding regimes in the European Union. Through the Spanish ETVE, companies achieve a tax-free profit transfer on their interests in companies at home and abroad.

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Shelf Companies in Spain

In Spain, shelf companies are, in practice, often used to circumvent the lengthy formalities of incorporation. Saving time and less risk are their biggest advantages. On activation of a shelf company, all the shares must be purchased and its bylaws must be amended and adjusted to align with the company’s business purpose. The final step is the publication of the economic re-establishment at the Spanish Registry Court.

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Incorporation in Spain: forms of enterprise

To start a business in Spain, the choice of the appropriate legal form is crucial. In Spain, the main corporate forms are sole proprietor, partnership or corporation. Differences are present especially in the cost, time and liability.

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Three ways to make a complaint to the CIRBE in Spain

The CIRBE (Centre of Risk Information of the Bank of Spain) is a public and confidential data base that collects information about direct and indirect risks for amounts greater than 6000 euros that credit entities have with their clients. Whenever a correction of information is needed, companies have three different possibilities to make a complaint.

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