Best Lawyers for Investment in Spain

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Lawyer
  • Location:
    Valencia, Spain
  • Practice Areas:
    Investment Funds Investment Structured Finance Law

  • Location:
  • Practice Areas:

Practice Area Definition

Investment Definition

According to the estimated data referred to 2015, the IMF International Business School establishes Spain as the world’s 13th-largest economy and the 5th-largest economy in the European Union (EU), with a Gross Domestic Product (GDP) worth $1.4 trillion USD.

This internationalized economy has a sustainable external sector performance, since Spanish exports of goods and services related to GDP in 2014 were higher than in the United Kingdom, Italy, or France. An aim of developing a competitive combination arises, then: technology, innovation, productivity, and lower Unit Labour Costs have led to a competitiveness-based expansion of exports.  

These economic features may situate Spanish financial framework as an attractive location for external investments, as U.S., German, UK, French, and Italian Companies are the largest investors. In spite of this reality, it would be a mistake to ignore the increasing interest from Asian (Chinese, Indian, and Japanese, mainly) and principally, Latin American (Brazil, Mexico, etc.) Companies, since Spain is the best European platform for doing business in South America, as the excellent communications and infrastructure evidences (Madrid concentrates around 35% of total air traffic between Europe and Latin America).

In this sense, it is essential to focus on the current macroeconomic situation and structural reforms of competitiveness, which are closely connected with the market accessibility. Economic development is driven, primarily, by investment, followed by private consumption; moreover, some of the structural reforms mentioned have a remarkable impact in the investment policy, such as the Reforms of the Public Sector (Fiscal consolidation at all levels of Public Administration), the Financial System (Restructuring process completed in 2013), the Labour Market, Fiscal rates (tax rate on corporate income was approximately 25% in 2016), and Fiscal Incentives.

In Spain, we may also identify some Institutions that promote incentives in different calls along the year, and a tax system established for international corporate investment, summarized in the next aspects:

1. A tax rate on corporate income (28% for tax year 2015, and 25% in 2016).

2. Reduced corporate tax rate (15%) for companies established on or after January 1, 2013. The reduced rate will be applicable for the first two years that the company is generating profit.

3. An attractive allowance and deduction system in corporate tax (20.1% rate).

4. Participation Exemption system: dividends or profit participation from business activities carried on abroad through subsidiaries or branches and the gains obtained from the transfer of these securities are tax exempt in Spain if the Spanish company holds a participation of at least 5% in the non-resident company.

5. Tax incentive for foreign workers: fixed rate of 24% (maximum of 600,000.-€).

In this regard, the Foreign Securities Holding Companies figure (in Spanish, ETVE) owns a Special Tax Regime applicable to Holding companies:

a) No taxation on paid-in dividends.

b) No taxation on paid-in capital gains.

c) No taxation on paid-out dividends/gains.

d) Stable and reliable regime.

e) Wide tax treaty network (88 treaties to avoid double taxation).

To finish, we cannot forget that the Spanish economic, legal, and political structures integrate regional and local economic, legal and political regulations applicable in the Autonomous Communities, which can make the international investments more attractive depending on the concerns of the concrete foreign investor. 

Larrauri & Martí Abogados

Larrauri & Martí Abogados logo

According to the estimated data referred to 2015, the IMF International Business School establishes Spain as the world’s 13th-largest economy and the 5th-largest economy in the European Union (EU), with a Gross Domestic Product (GDP) worth $1.4 trillion USD.

This internationalized economy has a sustainable external sector performance, since Spanish exports of goods and services related to GDP in 2014 were higher than in the United Kingdom, Italy, or France. An aim of developing a competitive combination arises, then: technology, innovation, productivity, and lower Unit Labour Costs have led to a competitiveness-based expansion of exports.  

These economic features may situate Spanish financial framework as an attractive location for external investments, as U.S., German, UK, French, and Italian Companies are the largest investors. In spite of this reality, it would be a mistake to ignore the increasing interest from Asian (Chinese, Indian, and Japanese, mainly) and principally, Latin American (Brazil, Mexico, etc.) Companies, since Spain is the best European platform for doing business in South America, as the excellent communications and infrastructure evidences (Madrid concentrates around 35% of total air traffic between Europe and Latin America).

In this sense, it is essential to focus on the current macroeconomic situation and structural reforms of competitiveness, which are closely connected with the market accessibility. Economic development is driven, primarily, by investment, followed by private consumption; moreover, some of the structural reforms mentioned have a remarkable impact in the investment policy, such as the Reforms of the Public Sector (Fiscal consolidation at all levels of Public Administration), the Financial System (Restructuring process completed in 2013), the Labour Market, Fiscal rates (tax rate on corporate income was approximately 25% in 2016), and Fiscal Incentives.

In Spain, we may also identify some Institutions that promote incentives in different calls along the year, and a tax system established for international corporate investment, summarized in the next aspects:

1. A tax rate on corporate income (28% for tax year 2015, and 25% in 2016).

2. Reduced corporate tax rate (15%) for companies established on or after January 1, 2013. The reduced rate will be applicable for the first two years that the company is generating profit.

3. An attractive allowance and deduction system in corporate tax (20.1% rate).

4. Participation Exemption system: dividends or profit participation from business activities carried on abroad through subsidiaries or branches and the gains obtained from the transfer of these securities are tax exempt in Spain if the Spanish company holds a participation of at least 5% in the non-resident company.

5. Tax incentive for foreign workers: fixed rate of 24% (maximum of 600,000.-€).

In this regard, the Foreign Securities Holding Companies figure (in Spanish, ETVE) owns a Special Tax Regime applicable to Holding companies:

a) No taxation on paid-in dividends.

b) No taxation on paid-in capital gains.

c) No taxation on paid-out dividends/gains.

d) Stable and reliable regime.

e) Wide tax treaty network (88 treaties to avoid double taxation).

To finish, we cannot forget that the Spanish economic, legal, and political structures integrate regional and local economic, legal and political regulations applicable in the Autonomous Communities, which can make the international investments more attractive depending on the concerns of the concrete foreign investor.