FAQS


  • Costumer Service
  • Freelancers
  • Inmigration
  • Tax
  • Labor
  • General Questions
  • Data protection
  • Insurance
  • Companies (accounting and tax)
  • Transportation
  • Traffic Department

1. Which are your business hours?

R, 9 a.m. to 7 p.m. and Friday from 9 a.m. to 5:30 p.m.

2. Do you close at noon?

R, No, we are open all day .

3. Do you have wifi connection?

R, Yes, frontdesk colleagues can provide you with the access code, it is free

4. Do you have a computer available for customers?

R, Yes, in it you can make the inquiries you consider appropriate

5. Can I print documentation?

R, Yes, if you are a recurring customer, you can come to print the documentation you need.

6. In what languages ​​can you assist me in the agency?

R, We speak Spanish, Catalan , English , German, Italian, Hebrew and French.

7. Do you accept card payments?

R, Yes, we accept payment with VISA, MASTERCARD, MAESTRO, UNIONPAY, JCB.

8. Where are you located?

R, We are in trafalgar street 36, at street level.

9. How can I get to the office?

R, We are located two minutes from the Urquinaona metro, exit Bruc. 5 minutes walk from Plaza Catalunya and Arc de Triomf .

10. What services do you provide?

R, Legal assitance, immigration, inheritance and donations, taxation, self-employed , labor, companies, vehicles, insurances, data protection, real estate, relocation…

11. How do we work?

R, The staff is divided according to department, being specialized in its subject. For each management of different departments, the appropriate specialist will attend you.

12. Is the consultation free?

R, The consultation on the different topics that you need are 60.50 euros, but they will be deducted from the procedure that we will carry out later.

13. Can I come with my dog?

R, Yes, we have no problem.

14. Do you have a meeting room?

R, Yes, we have a room with internet connection, telephone and computer.

15. I am a regular customer, can I use some space to hold a meeting?

R, If, according to availability of the facilities and prior authorization, you can use a space that we have for it.

16. Can I come to ask for a copy of my documentation?

R, Yes, we print it and deliver it to you.

17. Is it necessary to make an appointment to do some paperwork?

R, Yes, except for the procedures for changing vehicle ownership.

18. Do you send documentation by postal mail?

R, Yes, in case the client cannot come to personally collect their documentation, a cost for the shipment applies.

19. Do you offer insurance policies?

R, Yes, we are MAPFRE partner agents.

20. Do you have a website?

R, Yes, this is the link of our company https://smmartservices.com/

21. Can I book an appointment online?

R, Yes, in our website, please follow this link https://booking.tuliapps.com/?#D0

22. What advantage do I have for being your customer?

R, Consultations and advice will be free, personal technical assistance at public administration checks, resolution of incidents, help in the interpretation of notifications.

23. What functions does our TuliApps application have?

R, This application is intended for our clients: it allows you to access your documentation, book appointments, make invoices, upload documentation so that your manager can check it

24. Hi, I’m a customer, what other benefits do you have?

R, In the case that you have to wait to do some paperwork in the office with us, we can offer you water or coffee to make your stay more pleasant. You also have access to our toilets

25. If I needed an accompaniment service for any procedure, could you accompany me?

R, Yes, in case you need it, we can accompany you to carry out the procedures in the different public offices



1.  ¿How long it takes to register as freelance?

R, You must register with the Tax OffIce and Social Security, both registrations must be done on the same day. The process can be done in less than 24 hours.

2. Can I work as a freelancer without paying social security?

R, The regulations establish the obligation to contribute in those cases where an activity is carried out on your own and on a regular basis, that is to say repeatedly over time without establishing a minimum of weekly hours.

3. Is it true that if I earn an amount lower than the SMI (minimum legal salary), it is not necessary to register for Social Security as a freelancer ?

R, While it is true that the Supreme Court issued a judgment in this regard, the Administration’s criteria remain the same, so if the activity is recurring and habitual, you can be sanctioned by the Labor Department.

4. Can I get the reduced freelance contribution of 60€ monthly?

R, Those people who have not been registered self-employed during the last two years and/or not having ejoyed that reduction during the last 3 years can benefit from the flat rate of € 60 per month for one year .

5. How much contribution will I pay to social security once I have exhausted the 12 months of “flat fee” of 60 € a month?

R, You can continue to have a 50% discount for the next 6 months, months 13 to 18 (around € 140) and 30% for the next 6 months, months 19 to 24 (about € 190).

6. What is the minimum Social Security fee if I cannot qualify for the bonuses for new freelancers?

R, It currently stands at € 283.30 per month .

7. How does the payment of Social Security fees work?

R, By direct debit at the end of the month.

8. What happens if Social Security cannot charge me at the end of the month for lack of funds in the bank account?

R, You will have to pay full fee (283€) plus a 10% surcharge if you pay the debt within the first calendar month. The surcharge is calculated on the fee without bonus .

9. Do I lose the reduced fee if I unsubscribe as a freelancer?

R, Yes, you will have to wait 3 years to apply again for a reduction.

10. How many times can I unsubscribe as a freelancer during the calendar year?

R, Up to three times and you will only pay for the days worked

11. If I perform services, should I add VAT to my invoices?

R, In general, most operations are taxed at 21% VAT .

12. If I carry out operations in the European Union, should I include VAT in my invoices?

R, European regulations establish that intra-community operations are exempt from VAT. To do this, you must have an intra-community number and bill to customers who are registered as intra-community operators. 

13. What requirements should an intra-community invoice have ?

R, The invoice must include your intra-community operator number and that of your customer. In addition, special mention should be made of the type of operation and applicable law.

14. How do I know that my client is registered as an intra-community operator?

R, Intra-Community numbers are made up of a number preceded by two letters indicating the country of the Union . For example, in the case of Spain, the letters are ES.

15. How do I request my intra-community operator number?

R, Through a census application in the Tax Office (Form 036) .

16. How often do I have to pay VAT?

R, Every 3 months the self-employed are obliged to submit the respective taxes. There are four quarters
January-March
April-June
July-September
October-December

17. What days do I have to pay taxes?

R, You must make the income during the first 20 days right after the end of the quarter: 1-20 April, 1-20 July, 1-20 October, 1-20 January respectively

18. Is there a penalty for filing taxes late?

R, Filing taxes late entails a surcharge of 5 % to 20 % of the fee to be paid ( depending on the time elapsed without paying the debt) .

19. If I have not had income during the quarter, should I file a return?

R, Yes, even if your result is 0 or negative there is an obligation to submit. Otherwise, you can be sanctioned.

20. How do I know what VAT I will pay?

R, The result of the declaration is calculated: VAT charged to your customers (sales VAT) minus VAT paid to suppliers (expenses VAT).

21. What expenses are tax deductible?

R, There are two basic requirements for an expense to be deductible: It must be an expense linked exclusively to the activity and the proof: a document certifying the expenditure, preferably invoice under your name

22. During how long I have to keep invoices of expenses and income?

R, Generally, for five years .

23. Can the Treasury revise my statements at any time?

R, Yes, for 4 years the ones referring to VAT and 5 years the IRPF. You can be requested the registration books and all invoices for income and expenses.

24. Do I have to submit the income statement (Tax Return/RENTA) if I have been freelance during the year?

R, If you have received € 1,000 or more as economic activity returns you must submit it.

25. On my invoices, what income tax withholding should I apply?

R, The new self-employed may apply a 7% withholding during the first year of activity and the next two. For other cases, the withhold tax set by the regulations is 15%

26. What happens if my bills have no retention?

R, You must pay 20% of your benefit each quarter through a quarterly income tax return, form 130.

27. As for personal income tax, as a freelancer, will I always pay 15% or 20% of my benefit?

R, No, in Spain personal income tax is a progressive tax. This means that there is a scale that increases according to the income of the subject. During the calendar year, the self-employed pay 15% or 20% depending on their situation, however, in April, May and June of the following year of the fiscal period in question the Income statement is sumitted. It is in this statement, when the tax rate adjusts to the personal circumstances of the taxpayer so that if he has overpaid during the year, the difference is returned.

28. an I have employees as a freelancer?

R, Yes, there is no problem.



Students

  1. I am a student and I want to work, how can I get my work permit?

R, If you have a permit with a TIE card for more than 6 months, then your employer can request a compatibility of studies and part-time work from the Generalitat. If you want to work full time, you will have to wait 3 years and once you have finished your studies in order to make a modification of your permit.

  1. I am a student and I have finished my studies. How can I request an extension to look for a job or start a business?

R, Remember that extension forces you to complete a year of stay under the requested permit and until that year is fulfilled (even if you already have the job offer) you will not be able to work.

  1. I am a student and I want to change my studies and my permission expires shortly. Can I request an extension?

R, You can’t. You will have to request a new permit before your permit expires.

  1. I am in Barcelona with a tourist permit and I want to stay as a student.

R, Remember that the procedures to ask permission as a student must be started at least two months before your tourist permit expires.

  1. I am a student and I have to renew my permit, what medical insurance should I hire? Can I continue with the same insurance that I hired when I applied for permission at the consulate of origin?

R, For renovations it is necessary to have a medical insurance that operates in Spain and that the policy covers, among other things, hospital care and that does not have waiting period longer than 10 months or co-payments. Generally, insurance contracted at source does not usually have this coverage and is not valid for renewals. We can offer you the insurance you need even from origin (with passport number).

  1. I am a Master’s student in Computer Science, can I request a permit to work part-time as a waiter?

R, NO, the work compatibility permit with studies only allows you to work on something related to your studies.

Citizens of the European Union

  1. I am an EU citizen and I want to get an NIE but I don’t have a job in Spain.

R, If you do not have a firm offer of work, you will need to prove financial solvency, you are registered and private health insurance to obtain the EU Registration Certificates (Green Card).

  1. I am a citizen of the EU and I want to be freelance but I don’t have the “green card”, how can I do it?

R, you will have to ask for a “NIE number assignment” to register as a freelancer and after a few months doing contributios do the social security you will be able to obtain your green card.

  1. I am an EU citizen and I have work in Spain but my spouse does not have, ¿ How I can help her to get the green card ?

R, The EU Citizen Registration Certificates (green card) are personal, that is, the spouse will have to prove the economic solvency and that may be done if your employment contract demonstrates financial solvency for family members and the right to Healthcare

  1. I am an EU citizen and my partner is a non-EU citizen, what residence permit does he/she have to apply for?

R, You have the Community Family Card that will allow you to reside and work for 5 years.

  1. I am an EU citizen and I want to bring my family that are non-EU. Can I do it?

R, You can only regroup the descendants (minor children) and adults and ascendants (father and mother over 65 years) under your care.

Extra-community highy qualified

  1. I am a highly qualified staff and I have a job offer, do I have to request my permission from Spain or from my country of origin?

R, If you have a valid permit to be in Spain, you can request the permission from here. If you do not have a valid permit, you will have to do so from the Spanish Consulate in origin.

  1. I am a highly qualified staff but I want to change jobs. Do I have to wait for the renewal of the permit to do so?

R, No, you must communicate the change of employer in a maximum of one month. In addition, the permit will not be renewed, you will have to request an initial permit.

General law

  1. I am an extra-communitarian and I have been in Spain for a year with legal residence. Can I bring my family to live with me?

R, You should not wait to renew your residence permit to be able to regroup your family members. We remind you that the regrouping process is processed while your family members are at origin. Under no circumstances would it be granted regrouping if they were irregular in Spain.

Nationalities

  1. I am from Latin American origin and I want to apply for Spanish nationality by residence, when can I apply?

R, It can be requested two years after the issuance of your card and it must be proved the uninterrupted legal residence in Spain.

  1. I am an EU citizen and I want to apply for Spanish nationality, when can I apply?

R, You must wait 10 years from the issuance of your card and have a demonstrable and uninterrupted legal residence in Spain. Or, be married to a Spaniard and the term is reduced to 1 year of legal residence.

3. I am Sephardic and I want to apply for Spanish nationality, when can I apply?

R, The deadline expires October 1, 2019. However, if you do not already have all the documentation, you can request and provide the rest after October 1, 2019. NO RESIDENCE IS NEEDED TO RESIDE IN SPAIN.

Uprooting

  1. I have been in Spain for more than 3 years but I don’t have a register that demonstrates my uninterrupted residence. Can I ask for the roots?

R, absence of continuity of 120 days is allowed, which can be supplemented by demonstrating that you have been in Spain with medical visits, assistance to the library, membership in associations, etc. However, we recommend that the sooner you get registered at the city hall, the better. And remember that the rooting report will be necessary.

Renovations

  1. I want to renew my work permit but I have been without a contract for a few months, will I have a problem?

R, We recommend that two months before the expiry of the Card to contact us to request an “integration report ” that will prove that while you were not working, you did other activities that integrate you into the Catalan culture.

  1. I have a communitarian family card and I have to renew it, but I have not been with my partner for a long time, can I do it without problems?

R, Remember that your residence permit is directly linked with your partner and that in case of any dissolution you have only one month to notify it to immigration department. The link must be maintained for at least 3 years (1 of them in Spain minimum) so you can change your permission and disconnect it from your former partner. If you do not notify the disengagement you will be in an irregularity.

  1. I have a permit as Non-profit and I will renew it, how much should I have to demonstrate the economic means?

R, Remember that every time you are going to renew a permit as Nonprofit you must have the monthly amount of the IPREM x 400% ( € 2,151 ) and this multiplied by 24 months (2 years) Total: € 51,632.64

Asylum

  1. I am Venezuelan and given the situation in my country I want to apply for asylum in Spain.

R, Then you should know that you should not have any other permit in Spain, that your application will be evaluated for 6 months and in the meantime they will give you a temporary permit to reside and work (red card). If the official decides that your request is not substantiated, they will deny you the right and you will have to return to your country. You should also know that the right can be granted and referred to another EU Member State.

Visas

  1. What is the difference between a “visa” and a residence permit?

R, Visas are usually documents issued only by consulates and, generally, when arriving in Spain they must be exchanged for a card (TIE). Residence authorizations are permits granted by the immigration department in Spain and are usually longer than 6 months.

  1. I am a student and I have a residence permit for only 6 months and the police station do not want to give my card (TIE).

R, Cards are only issued for stays / residence longer than 6 months.



1. How do I know if I am a tax resident?

R, The Law establishes three requirements:

  • Staying more than 183 days, during the calendar year, in Spanish territory
  • Main place or base of its economic activities or interests are located in Spain directly or indirectly
  • Spouse not legally separated and dependent children residing regularly in Spain

2. If I am not a tax resident in Spain, do I have to pay taxes?

R, Yes, Non-Residents pay for all those income obtained in the Spanish territory: salaries, economic activities, dividends, rents…. The default form is 210.

3. If I have rentals in Spain, but I am not a resident, do I have to pay taxes for it?

R, Yes, since it is an income obtained in Spanish territory. In general, you must submit a quarterly assessment.

4. I saw that the withhold tax in my payrolls is always 19% / 24%, what is the reason?

R, The company is holding you as a Non-Resident because you probably will not live 183 days or more in Spanish territory (or it is not possible to determine it yet). In this case, you should not submit the income statement.

5. I have had two employers during the calendar year, one has withheld me as a Resident and the other as a Non Resident. What should I do?

R, You must check whether or not you are a tax resident. Once done, you must declare both wages in one statement or another, depending on the situation you are in.

6. I have a company abroad and I would be interested in expanding my business in Spain, what should I do?

R, The first step is to request a foreign company tax number at the Tax Office. To do this, you will need, among others, a legal representative in Spain that has N.I.E or D.N.I. The next step will be to choose what business model you want to implement: permanent establishment, branch, subsidiary etc.

7. What is the special regime or “Beckham law”?

It is a tax regime for workers displaced in Spanish territory. It allows to pay, in general, 24% for work income below € 600,000.

8. How can I take advantage of the “Beckham Law” or special IRPF tax regime?

R, If the requirements are met, this regime must be chosen through Tax Office form 149.

9. How long can I benefit from the special IRPF regime?

R, For five tax periods (five fiscal years). Once the period is over, you will be considered a tax resident.

10. Do I have to do any paperwork if I am going to live outside the country?

R, For the purpose of informing the Tax Office, it is convenient to present a census statement (Form 030) in which you state the country of destination and your new address.



  1. How do I get a Work Life report?

R, If we have your digital Certificate, we can apply for it and get it instantly.

In case of not having the certificate, the General Treasury of the Social Security, makes available to citizens some possible alternatives to request the report:

a) Going to the nearest office, depending on your address.     

b) Through SMS .     

c) Applucation, the requested information is filled in, and in an approximate period of 3 weeks it arrives at the address where you are registered at the TGSS.      

d) Systema Cl @ ve.     

  1. What is the Contribution Account number?

R, It is the numerical code that the General Treasury of the Social Security grants to employers and freelancers who are responsible for Social Security fees.

  1. How do I get the Social Security affiliation number if I have never worked in Spain?

R, You must go to the nearest office according to the address where you are registered, so that they can assign an affiliation number.

  1. I did not have funds on my bank account at the end of the month and I have not paid my mandatory freelance contribution. How can I pay the fee?

R, The contributions of both freelance and those for employees, are debited on the last business day of the corresponding month.

The General Treasury of the Social Security generates a debt settlement payment letter with an extracharged amount due to not complying with the payment period. This letter reflects the account number and the reference to be stated at the time of paying.

  1. As a freelance, how much should I contribute to the Social Security?

R, The fees are calculated by applying the rate to the contribution base.

The bases are €944.40 minimum and 4,070.10 as a maximum base.

  1. What are the types of contributions?

R, The types of contribution are:

a) General Scheme and Freelance Scheme     

– Common contingencies: 28.30%      

– Professional contingencies: 0.90% of which 0.46% corresponds to Temporary Disability and 0.44% corresponds to Permanent Disability, death and survival.

– Cessation of activity: 0.70%      

– Training and learning: 0.10%      

b) General Scheme of Household Employees     

– Common contingencies: 23.60% paid by the employer         

– Work Accident and Occupational Disease: 1.50% paid by the employer         

– Common contingencies: 4.70% paid by the employee.         

  1. Do domestic workers have the right to unemployment?

R, Household employees do not have the right to unemployment, since they do not contribute for such contingency.

  1. How many days do I have for vacation if I am a household employee?

R, Household employees have 30 calendar days. They may be divided into 2 or more periods, provided that one of these periods is 15 consecutive calendar days.

  1. What is the Model E101 and what is it for?

R, It is the certificate related to the applicable legislation of the country where the activity takes place. Those workers displaced to countries that still apply Regulation 1408/71, as a general rule will be subject to the social security legislation of the country where they work, either employed by someone or self-employed.

However, when it comes to temporary transfers, they can maintain the Spanish social security legislation in the terms and requirements indicated below:

Applicable rules are established in articles 14 to 17 of EEC Regulation 1408/71 in the following cases:  

  • For displacements before 01/Mayy/2010.
  • For the displacements of national workers from third countries (all countries except those of the European Union), who travel to the United Kingdom. 
  • For displacements made before 01/April/2012 to Switzerland, of national workers of Switzerland or of the European Union. 
  • For the displacements made before 01/June/2012 to the countries of the European Economic Area, of national workers of one of these countries or of the European Union. 
  • For the displacements that are continuation of another previous one processed in application of the articles 14.2a). 14.2b), 14bis.2) and 16.2 of EEC Regulation 1408/71, in accordance with the provisions of Article 87.8 of Regulation CE883 / 04.  

General Scheme

  1. How much time do I have to register a worker at the Social Security?

R, The registration of an employee is prior to the start of the employment relationship. The worker must be registered in Social Security before he starts working

  1. What is the deadline for communicating the withdrawal of an employee to Social Security?

R, 3 calendar days from the date of withdrawal from the company

  1. How much time do I have to communicate the variation of data in the contract to Social Security?

R, 3 calendar days

  1. What are the consequences of failure to have an employee registered?

R, The act of not communicating the registration is a serious infraction and the sanction for the company can range from € 3,126 to € 10,000.00.

  1. How many working hours must have a worker?

R, The workday can be part-time : it happens when the employee provides his services for a number of hours a day, month or year less than the workday of a comparable full-time worker.

The full-time day: The maximum duration of the ordinary day of your work will be 40 hours per week

  1. Temporary contract 

R, In what situations is the temporary contract justified?

When the contract is concluded to meet the transitory needs other than the usual activity of the company for a certain time

  1. Long term contract

R, If there is no cause that justifies the temporality, the contract must be indefinite.

  1. If an employee is on trial, must he be registered in Social Security?

R, Yes, he must be registered in Social Security. The only difference is that during the trial period both the employer and the employee can terminate the employment relationship without prior notice and without compensation. Other than that, the employee has the same rights and obligations regarding to the job he performs.

  1. What happens if an employee breaches his labor obligations?

R, It may be sanctioned by the company based on labor non-compliance and in accordance with the graduation of faults and penalties established in the Collective Agreement and legal provisions.

  1. What happens when the employee is on medical leave?

R, The employee must deliver to the company the medical leave document and all the confirmation statments that will be delivered within 3 days after being issue by the doctor.

The medical discharge must be communicated to the company within 24 hours of being received.

  1. How much does the employee in Common illness or Non-Workplace Accident gets paid?

R, It depends on what the applicable Collective Agreement says.

There are Collective Agreements that provide that companies must complete up to 100% of the real salary from the first day of leave, but there are agreements that say nothing about it.

If the agreement says nothing about it, the general regulations apply.

Common Illness or Non-Work Accident

-The first 3 days there is no benefit.

– Between 4 and 15 days of the leave and until the 15th of the leave 60% of the Regulatory Base is charged to the Company.

-From 16 to 20, 60% of the Regulatory Base charged to Mutua / INSS

-After 21, 75% of the Regulatory Base is charged from MUTUA / INSS

  1. What benefit does a worker gets in the event of his / her leave due to a Work-related Accident or Occupational Disease?

R, The subsidy is 75% of the regulatory base and is paid from the day after the leave of work.

  1. Who pays to the employee if he is on medical leave?

R, Companies are obliged to pay, by delegation, the subsidy.

  1. Economic benefit for risk during pregnancy

R, Protected status is given to pregnant employee during the period of suspension of the employment contract in the cases in which the the employee must change jobs with another compatible with her condition, but that change of job is NOT POSSIBLE.

The economic benefit is 100% of the corresponding regulatory base.

  1. Maternity Benefit

R, The right to the benefit starts from the beginning of the maternity leave and is paid while enjoying the maternity rest period which in the case of childbirth is 16 weeks expandable 2 weeks for each child in the case of multiple birth. In case the child is disabled, it is also extended by 2 weeks.

  1. What is the economic benefit for Maternity?

R, The economic benefit is a subsidy equivalent to 100% of the regulatory base.

  1. Paternity Benefit

R, Parents are entitled to a take rest period of 8 weeks. The period is extended in cases of childbirth, adoption, foster care, multiple birth, disability or hospitalization of the newborn.

  1. What is the economic benefit for Paternity?

R, The benefit is a subsidy equivalent to 100% of the regulatory base.

  1. Unemployment benefit

CONTRIBUTIVE LEVEL

Unemployment benefit applies to people who are legally unemployed and have covered a minimum contribution period of 360 days within the past 6 years before the unemployment situation

  1. Where is the unemployment benefit requested?

R, At the SEPE office

  1. What is the deadline to apply for unemployment benefit?

R, It must be requested within 15 days from when you have the right

  1. In addition to the application for the unemployment benefit, does another paperwork have to be done ?

R, You have to register as a job seeker and actively seek employment.

  1. What is the amount of unemployment benefit at CONTRIBUTIVE LEVEL?

R, The unemployment benefit at the contributive level during the first 180 days, 70% of the regulatory base. And from 181, 50% of the regulatory base. However, the amounts may not exceed the upper or lower limit.

NON-CONTRIBUTIVE LEVEL

R, People who do not meet the necessary requirements for the contributive modality are entitled to the minimums established by law.

  1. How long is the NON-CONTRIBUTIVE LEVEL BENEFIT?

R, 6 months extendable up to 18 months

  1. What is the amount of the NON-CONTRIBUTIVE LEVEL BENEFIT?

R, The amount is 80% of the IPREM that may be increased depending on age and family charges.

  1. Single payment of unemployment benefit

R, The payment of the unemployment benefit in single payment may be paid to the beneficiaries of the unemployment benefits of a contributory level up to 100% of the amount of the benefit if you start an activity as a freelance worker

  • Unemployment benefit compatibility:
  1. As employee: It may be compatible with work for part-time employees if the worker requests it. The benefit will be reduced proportionally to the size of the working schedule (number of hours) you make.
  2. With self-employment: If you start an activity as a freelance, the benefit can be made compatible for a maximum of 270 days, or for the shortest time pending payment.

EXPIRE OF THE JOB CONTRACT

The contract can be terminated at the will of the employee or at the request of the company

28.1 Termination of contract at the request of the employee  

If the contract is terminated at the request of the employee, the settlement will only include the days of holidays leave pending of enjoyment and the proportional parts of the extra payments in case these were not prorated

28.2 termination of the contract at the request of the company

28.2.1. Termination of the contract due to disciplinary dismissal

The contract is terminated by decision of the employer, through dismissal based on a serious and guilty breach of the worker.

No compensation is paid

28.2.2. Termination of the contract for objective dismissal

The contract can be terminated for one of the following causes: due to ineptitude, due to maladjustment, due to the amortization of the job, due to absenteeism due to economic reasons, due to technical or production reasons. 

The compensation will be 20 days of salary per year worked and with the limit of 12 monthly payments.

28.2.3. Termination of the contract for unfair dismissal

When a worker is dismissed without a legal cause that justifies it, compensation is 33 days per year worked as of February 12, 2012 and with a maximum of 24 monthly payments. And before February 12, 2012 the compensation was 45 days per working year and with the limit of 42 monthly payments.

  1. What happens if the worker does not agree with the dismissal?

In case you disagree you can challenge the dismissal

  1. If dismissal is challenged

The labor authority can declare it:

-fair

-unfair

-Null

  1. Multi-employment

A person can work in different companies simultaneously

  1. Salary

The worker has the right to receive the salary on an agreed date

  1. Salary receipt

The employer has the obligation to provide the worker, along with the salary, the salary receipt

  1. Hiring foreign workers

They must have work and residence permit

  1. Working hours registry

The registration of the working hours must be carried out daily. It is mandatory. If it is not done it is punishable

  1. Holidays

Article 38 of the Statute of workers: it is a right and an obligation to enjoy them.

  1. Paid Permits

Collective agreements establish the reasons and for how long the employee may be absent by giving prior notice and with justification with the right to remuneration.

Household employees scheme

1. Registration in Social Security     

R, Registration is prior to the start of the activity

2. Social Security unregistration     

R, 3 calendar days from the date of withdrawal

3. Variation of data     

R, 3 calendar days

4. Are household employees entitled to unemployment benefits?     

R, Household employees do not pay for unemployment, which is why they are not entitled to unemployment benefits

5. Which withholding rate is applied to household employees?     

R, Domestic employees payslips do not include withhold Personal income tax

6. What salary do you charge?     

R, The minimum is the minimum Interprofessional Salary

Freelance

1. If I am a freelance, do I have the right to sick leave?

R, Yes , the amount to be received is 60% of the contribution base, from day 4 to 20 of the sick leave . As of day 21 it is 75%. The amount will be prorated for the days of the month in which you have been sick or disabled.

2. And for work accident?

R, The process is slightly different than in the previous case since to request it you must go to the assigned mutual. In addition, the amount of the benefit is 75% of the contribution base the day after the accident leave.

3. Can I request unemployment if I cease my activity as a freelancer?

R, Yes, although there are certain requirements: minimum contirbution period of 12 months immediately prior to termination; not having unpaid contributions in Social Security etc. In addition, you must extensively prove the cessation of activity before the mutual. Among the many causes that are included there is the cessation produced by economic, technical, productive or organizational reasons that make it impossible to continue with the economic or professional activity. However, it is difficult to demonstrate these extremes, so most requests are usually denied.

4. Can you work for someone else and be autonomous at the same time?

R, Yes, and generally you will have to pay your social security as a freelancer. However, you can reduce the contribution base and therefore pay less Social Security.

5. How does the self-employed retirement work?

R, Currently, there are no differences with respect to workers employed, so the requirements to access are:

Have contributed a minimum of 15 years, of which at least 2 must be included within the last 15 years of work.

Having completed 65 years and six months (with a forecast that increases to 67 years until 2027 )

6. How much will I get from retirement pension?

R, It is a complex calculation but the factors that most influence are the years quoted and the contribution base. Therefore, you should keep in mind that the self-employed do contribute the minimum by default (lower contribution base) and this element usually causes lower pensions. You can alter this situation by increasing your contribution base.

7. If I am unemployed and collecting the subsidy, can I register as a freelancer without losing the benefit?

R, Yes, you can make the payment of unemployment compatible with the performance of your economic activity as a freelancer. It is also possible to request the suspension of the benefit.

8. What does the capitalization of unemployment mean?

R, If you want to start an economic activity and you are entitled to unemployment benefits (minimum three months), you can request the capitalization of unemployment. That is, request the single payment of the benefit. For this, the need for capitalization must be accredited and an explanatory report must be provided. It is also possible to request payment of Social Security contributions in exchange for the contributory unemployment benefit so that it does not begin to be paid until the unemployment benefit is exhausted.



1. What is the ” NIE ” and what is the ” TIE “?

R, The “NIE” is a number that identifies you as a foreigner in Spain.

  • It is personal and non-transferable and unique.
  • The “TIE” is the foreigner identification card (ID), is the physical support that proves your residence permit or legal stay.


1 – What is data protection?

R, The protection of data has the objective of safeguarding and ensuring the rights of citizens in relation to the processing of their personal data. The purpose of this protection is to guarantee the honor and personal and family privacy of citizens and the full exercise of their citizen rights within the European Union.

The data protection is regulated by the General Data Protection Regulation of the European Union ( EU) 2016/679 (hereinafter GDPR) and Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights (LOPDGDD) .

2 – What is personal data?

R, Personal data is any information in which a living person can be identified or who makes it identifiable. Example (Name, surname, number identification, address, e – mail containing the name of an individual, etc.)

3 – What data can be processed and under what conditions?

R, There are two types of data.

Generic data: personal data that does not fall into the category of sensitive.

Sensitive data: are those personal data that reveal ethnic, racial origin, political opinions, religious ideology, philosophical, union membership, genetic data, biometric data, health related data, life- related data or sexual orientation.

For the treatment of the data it is required that the consent be “unequivocal that it is given through a statement of the interested party or through a clear affirmative action, the treatment by tacit consent is not allowed”. On the other hand, it is accepted the use of a declaration by writing, or ticking boxes on an internet website.

The consent must be characterized:

– It can be for one or several purposes.

– Freely given.

– Revocable.

– The person responsible must be able to prove at all times that he has obtained the consent.

– Use clear and simple language.

The consent must be also explicit in the case of:

– Treatment of sensitive data

– Automated decision adoption

– International transfers

And, in addition, sensitive data can only be processed when you meet any of the following conditions set out in Article 9 GDPR:

– Explicit consent has been given (which clearly expose that the client clearly consents to the processing of these data)         

– Required by a law of the European Union or national law or collective agreement         

– To protect the vital interests of a person who is in danger         

– In the case of a foundation or association or non-profit organization that has the political, union, religious, philosophical purpose         

– When the person has made personal data manifestly public         

– When needed for the exercise or defense of claims         

– For essential public interest         

– When the purpose of this data processing is preventive or occupational medicine         

– Or they are intended for scientific or historical research purposes or for statistical purposes

 4 – When are we doing a data processing?

R, The data processing covers a broad set of types of operations performed on personal data. A treatment is being carried out when we obtain them, register, organize, structure, conserve, adapt, modify, extract, consult, use, communicate. Or when accessed, disseminated, collated, limited, deleted and destroyed.

5 – What are my rights?

R, The rights that people whose personal data is being treated are: access, rectification, opposition, deletion (right of oblivion), limitation of treatment, portability and of not being subject to individualized decisions.

You can exercise these rights for free. Data controllers are obliged to communicate the means in which they can exercise these rights.

Right of access: it is the right to contact the person in charge to know if they are treating your personal data or not, and in the case that it is thus, to obtain a copy and the purpose of the treatment, category of the personal data that is treated, the recipients, term of conservation, if they have been obtained from you or the source of origin, if there are automated decisions, and if there is data transfer.

Right of rectification: it is the right to request to the person responsible for the rectification of personal data that is inaccurate or incomplete accompanying this request with a supporting document.

Right of opposition: this right indicates that you can oppose to the person responsible for carrying out the data. When they are subject to treatment based on a public interest or legitimate interest, including profiling. Or when the treatment is aimed at direct marketing (product marketing studies).

Right of deletion (right to be forgotten): is the right to request the deletion of your personal data from the data controller. When the data is no longer necessary because the end for which it had been collected has ended. Or when you have exercised the right of opposition. When the data has been treated illegally. Or when it is established by a legal obligation established in the law of the European Union or Member States.

Right to the limitation of the treatment: it is the right to obtain the limitation of the data made by the person in charge. When you challenge the accuracy of your data. When you have opposed the processing of your data. When the treatment is illegal, that is, you have not given consent or there is no legal basis that justifies it.

Portability right: it is the right to receive your personal data in the structured, commonly used format, when the processing of your personal data has been carried out by automated means, that is, by electronic means. By exercising this right you may request that your information be transmitted to another data controller, always with your consent or if there is a legitimate basis for doing so (execution of a service contract).

Right to be subject to automated individual decisions: this right is intended to ensure that you are not the subject of a decision based solely on the processing of your data, including the elaboration of profiles (analyze aspects such as your work performance, economic situation, health, preferences, personal interests).

6 – Who must comply with data protection?

R, Data protection affects everyone who processes personal data outside the domestic framework or exclusively personal relationships. When a person uses these data outside these fields such as business, financial, etc. In particular, to those responsible and in charge for processing personal data.

Responsible for processing: that is who determines the purposes and the means that will be given to the treatment of personal data, that is, decides why and how they should be treated. It can be either as an individual or legal entity (company). Example: you are a freelance and decide to hire a employee and decide to go to an agency to carry out the relevant procedures. You (freelance) as responsible for data processing of the new worker’s data, provide the data of your employee to an agency to prepare the registration and contract documents.

In charge of treatment: it is the one that processes the data on behalf of the person in charge of the treatment. The person in charge of treatment is usually a third party external to the person responsible. Example: when contracting services to an agency, lawyers, or contracting video surveillance, internet or other services of any kind, etc.

7 – What are the consequences of failing to comply with data protection?

R, The consequences will depend on the type of infraction that has been committed. Violations can be severe or very severe.

Severe infractions: sanction of 10 million euros or 2% of previous annual business volume

  • When you process data of minors without their consent

  • Do not apply appropriate technical or organizational measures

  • Not having an activity log, in case you are obliged

  • Do not notify security breaches

  • Do not evaluate the impact, when required

  • Do not designate data protection delegate, when required

Very severe infractions: sanction of 20 million euros or 4% of previous annual business volume

  • Failure to comply with the principles of the GDPR

  • Not fulfilling the rights of the interested parties

  • Not meeting requirements for international data transfer

  • Failure to comply with the resolutions of the Control Authority

8 – What actions must be carried out to adapt to current regulations?

R, To comply with current data protection regulations, data processing must be carried out in accordance with the following :

It must be treated in a lawful manner (explicit consent or in accordance with article 6 of the GDPR, for example: a contract, that is necessary to achieve a public interest, or to fulfill a legal obligation and also in accordance with article 9.2 of the GDPR) and transparent         

It must be treated for specific purposes (example: your data will be treated in order to provide our air conditioning installation services)         

– Only the data necessary to fulfill that specific purpose must be collected and processed. You cannot process more data than the minimum required.         

– The data must be exact, updated and if not it must be corrected         

– You cannot assign an incompatible purpose for which at first was collected that data         

The data collected and processed must be preserved during the needed time and what is legally established compulsorily and no more beyond that time.         

Technical and organizational guarantees must be established to ensure the application of security measures regarding the processing and storage of personal data.         

Adapt the forms for collecting personal data to the content of the right to information of the GDPR.         

– Adapt the procedures to attend to the rights of those affected in relation to the processing of their personal data.         

– Assess whether treatment managers offer guarantees of compliance with the GDPR.         

– Adopt contracts with those in charge of processing the content provided in article 28 of the GDPR.         

Analyze the legal bases of the treatments         

Registration of treatment activities (in the case of companies with more than 250 employees or those that process sensitive data)         

In addition, if a sensitive data processing is being carried out or poses a threat to the rights and freedoms of persons, a data protection delegate must be appointed, a record of the treatment activity, a risk analysis, evaluation of impact, review safety measures depending on the risk analysis performed, establish mechanisms and management procedures of a security breach and leakage of information.

9 – What happens to those cases in which tacit consents were obtained before May 25, 2018?

The entry into force of the GDPR led to the disappearance of this type of consent. Which means that these consents that have been tacit must be adapted to the requirements established by this regulation. A request for consent may be sent in accordance with the regulations. Or it could be analyzed if the weighted legitimate interest contemplated in the same regulation is applicable.



Car insurance

1. What does a car insurance include ?

R, If you own a vehicle, you have the obligation by law to insure it. The insurance exclusively covers the civil liability of the driver against third parties. That is, it covers material or personal damages that we cause to other people or vehicles. It also protects those who accompanied us in the vehicle when the accident occurred.

2. Should I bring the insurance receipt in the car?

R, Since 2008, the State Security Forces and Corps may consult the Insured Vehicle Information File (FIVA) telematically. This database shows if your vehicle is insured or not. Therefore, it is no longer necessary to have the insurance receipt in the car, although it never hurts to take it in case you need the data for some paperwork or in case some technical problem arises when the police makes the telematic consultation.

3. If I hit another vehicle and we are from the same company, what happens in this case?

R, Most companies have included in your basic policies legal defense to cover damage to third parties. We must ensure that our company will defend our interests at all times with either a vehicle from the same company or another.

4. Does my insurance cover me if I go abroad?

R, In order for the insurance to cover us abroad, we must request the green card from the company. In it all the countries that have the civil liability in force are detailed and would cover us in case of having any accident.

5. If my child usually uses the car, should I include it in the policy?

R, Yes, you can have problems if you do not add him in case of accident. In addition, the law requires insurers to identify occasional drivers.

Obviously the price will rise , but it is logical since the risk is higher, but you will get the peace of mind because he is covered in case of an accident.

Home insurance

1. Can I hire a home insurance if the neighborhood community has already hired one?

R, Yes, the community insurance only covers damages caused in the common areas. Home insurance protects situations that occur in private housing, fundamentally. In addition, the community insurance does not cover the furniture of the house.

2. Can a bank force me to hire a home insurance when I apply for a mortgage?

R, The Spanish regulations of the mortgage market do not require the signing of any insurance when contracting the mortgage. But the financial institution is qualified to request a home insurance as a condition for contracting a loan, among others, within the legal framework, which does not mean that, if we want to buy a house on our own, with our own capital, we must have Home or life insurance.

3. Do I have to notify the furniture renovation to the insurance company?

Whether the furniture is renewed or if new goods are incorporated, it is convenient to review the list of insured goods to, if necessary, expand or modify the policy. Most home insurances allow you to readjust the insured capital and, therefore, modify the premiums based on the new additions.

4. Who does receive compensation when an accident occurs in a rented house?

R, It will depend on whether the incident affects the continent or the content. If the damages were produced to the continent, that is, to the structure of the property, the insurance company will indemnify the homeowner. But if the incident affects the content, the insurer will recognize as beneficiary the owner of the insured property (it can be the owner of the home or the tenant).

5. How do I justify the value of my jewelry if I don’t have invoices in case of theft?

R, When an accident or theft occurs we will always be asked to show the related invoices. If we do not have them, it is important to provide as many documents proving their existence and value as we can, such as photos and appraisals of a jewelery. If we do not have any document, it would be an expert who would mediate to assess the damaged/stolen elements.

Health insurance

1. Can I hire a health insurance that lets me choose the doctor I want?

R, The health insurance of medical staff allows you to choose from a wide list of doctors and established medical centers. But if you want a specialist who is not part of that medical team, you can use the insurance for reimbursement of medical expenses or those of mixed medical staff. With these insurances you go to the doctor you want and then the insurer reimburses you a part of what the consultation cost you.

2. Does the health insurance cover the newborn baby?

R, Insurers provide medical care to newborns for a minimum time that varies depending on the company: the first 24 hours, the days the child is in the hospital with the mother or even his first 30 days of life.
If you want your child to have private health insurance, it is best to incorporate him into the family contract as soon as possible after birth.

3. Can I use my health insurance outside of Spain?

R, If you travel abroad and have private health insurance, you can always use it within the conditions established by the insurer. It is important to inform yourself of the coverage described in the contract. Remember before traveling that you have a phone number of your insurer for assistance abroad in case you need it or in case of an accident to contact for help.

Company insurance

1. What coverages are mandatory in business insurance?

R, Depending on the type of activity that is carried out, mandatory coverage varies.

In general terms, companies that have machinery and vehicles must have civil liability insurance to respond for damages that may be caused to third parties in the development of the activity.

It is also mandatory to have insurance that covers the workforce in the event of an accident, permanent disability or death of the worker. In the same way, those companies with company vehicles must have the corresponding vehicle insurance, to respond to any accident.

2. What is multi-risk insurance?

R, They are policies that cover various risks in a single policy: continent damage (premises where the activity and the structure develops) and content (furniture, hardware, machinery, etc.). It also includes liability coverage for damages that may be caused to third parties.

3. How are the assets to be insured valued?

R, In the case of the continent and the content, the value of the goods is assured as a new value. Regarding the goods, they are valued at replacement cost; and those objects that have a special value, depending on their market price.

4. What is cyber attack insurance?

R, In recent years, there are various attacks that companies are suffering. Therefore, insurance companies have launched different policies for greater peace of mind of companies.

Although the type of coverage varies depending on the insurance, in general terms these policies cover civil liability; expenses arising from the defense for fines and penalties of regulatory institutions; as well as legal advice, among other services. In addition, they will also cover the repair; data recovery; the cost incurred in the interruption of the activity and the possible fines of the Data Protection Agency.

Important to know that no insurance company will insure a company that is not properly protected.

5. What are the advantages of hiring health insurance for employees?

R, More and more companies choose to offer this service to their employees. Insurance companies have very flexible contracting modalities, depending on the needs of each company. Another advantage is the tax advantages, since the premiums paid by the company can be deducted in the Corporate Tax up to 500 euros per insured person. And for employees, the amount of the policy is not taxed as compensation in kind.

Fund insurance and pension plans

1. What are the differences between a pension fund and an insured pension plan?

R, The insured forecast plan (PPA) guarantees a minimum return. That is, when you retire, you will recover at least the money you have invested and, in the case of the pension fund, the profitability of the savings depends on where they are invested.

The tax treatment of both products is identical and it is possible to move money from one to another.

2. Can you stop making contributions to the Pension Plan for a certain time?

R, Yes, you can stop making contributions to the pension plan at any time. The accumulated capital will continue to grow based on the revaluation of the fund in which it is integrated. Participants in this situation are called suspended participants.

3. Can I have, at any time, the amounts contributed to the Pension Plans?

R, The participant cannot freely dispose of the amounts contributed by him or by the promoter to the pension plan. You can only receive your rights if any of the contingencies covered by the plan occur.

Generally, the contingencies that entitle the collection of benefits are as follows:

Retirement.

Total and permanent work disability for the usual profession or absolute and permanent for all kind of work, and the great disability.

Death, in which case the beneficiaries designated by the participant will receive the benefit.

Severe dependence or great dependence of the participant.

This situation has two exceptions. The rights of the pension plans may become effective, in whole or in part, in cases of serious illness or long-term unemployment, provided that the plan’s specifications and the conditions and limitations established by them are contemplated.

Life insurance

1. Can I hire more than one life policy?

R, Yes, you can have several life policies contracted at the same time.

2. Is it mandatory to hire a life policy when I am granted a mortgage loan?

R, Many financial institutions often require this insurance while the mortgage is formalized. However, hiring is not mandatory.

3. Can I change the beneficiaries at any time?

R, The policyholder can modify the beneficiaries as many times as he wishes, usually by writing to the insurance company or in the will. In the first case, the new designation of beneficiaries must be made explicitly by identifying the policy on which the modification is made.

Travel insurance

1. What does travel insurance cover me and when should I hire it?

R, Travel insurance will cover you for any incident that happens to you during a trip: an illness , an accident, early return, problems with luggage, delays and many other situations.

You will always hire it before departure and its price will depend on the destination and the nature of the trip.

2. When is it obligatory to hire a travel insurance?

R, It is always advisable to hire a travel insurance, but, in some destinations, it is even mandatory. These countries require it to give the visa: Algeria, Belarus, Cuba, Iran, Ecuador and Russia.

Do not forget to check the requirements of the country to which you travel on the website of the Ministry of Foreign Affairs.

Other questions

1. How to cancel an insurance contract?

R, Legislation says that the insurer must be informed at least one month before the contract expires. The communication must be in writing including the contractor’s information, the policy number and the will not to renew the insurance. If the insurer is the one who intends to cancel the contract, the term will be two months before the contract expires.

2. Should I have insurance for the bike?

R, Bicycle insurance is not mandatory, but highly recommended. They protect you from the damages that you can cause or suffer in a traffic accident and can cover the bicycle in case of theft.

3. Should I hire an insurance for my jet ski?

R, Yes, always. If the jet ski is for private use, a mandatory civil liability insurance that covers material or personal damages that you may cause in an accident is sufficient.

If the motorcycle is for rent, you must also take out insurance that protects the driver.

4. If I have a dog, should I ensure it ?

R, It depends on the race that is. If the law considers your dog as potentially dangerous, it is mandatory for sure. If the race is not on the list, you can still be interested in securing as pet insurance offers many benefits.



  1. I want to start a business and I don’t know where to start.

R, First of all you have to know in which format you are interested to do that business, as a freelancer or as a company.

Once you know it, then you need to know that it is necessary to register the business either as a freelance or as a company in different public offices.

The registration will involve obligations at the Tax Office and Social Security that will vary depending on the way in which the activity is carried out.

  1. How to decide the business format of my activity?

R, First of all you have to ask yourself if you can do the activity as an individual/professional or if you need the activity to be developed through a company.

As an individual or professional (freelance), the process of starting up the business is easier, since it only involves the registration at the Tax Office and Social Security to start doing the activity.

The reasons for preferring to be autonomous are varied:

  • Fast start-up of the business (in one day the entire registration or registration process can be done)
  • Lower management costs (no business accounting, no accounting books or annual statements)
  • Fast closing of the business (in one day it can be done)
  • Lower cost in Social Security (if the minimum contribution is chosen)
  • etc

As a company, the start-up requires a constitution process that involves the creation of a deed of incorcoration at a notary, the registration of this in the Mercantile Registry and different registers in the State and Autonomous Tax Office. Therefore, it is a process that requires more time and higher costs.

The reasons for needing a company as a vehicle for your business are varied:

  • Limitation of liability (delimited by the capital contributed) against possible risks of the activity that cause harm to others (intoxication, economic losses, etc)
  • Greater legal certainty for all parties (customers, suppliers, partners, etc.)
  • For certain customers or suppliers it is important to work with companies and not with freelancers
  • Be able to give access to new partners (investors or professionals) in the future
  • Better channeling of the expenses and income of the activity
  • Better taxation of the activity compared to the autonomous’s fisacality
  • Etc
  1. I want to start my activity as a freelancer. What steps should I take?
    • First of all it is necessary to obtain the digital certificate. With it we can access your data at the Tax Office and Social Security
    • Next we make the registrations or registrations according to your needs (type of activity, type of obligations)
    • Once you have registered, you can start your activity, you can issue invoices, request invoices for your expenses, etc.
  1. I want to start my activity as a company. What steps should I take?
    • First of all, we have to settle the company. For this it will be necessary to go to a notary who will issue a deed of incorporation. The notary will require a series of data that will conform the bylaws of the company and these will determine important aspects of the business such as the name of the company, who will be the participating partners, who will manage the company, what activities will be developed, where and when, among others.
    • Previously, the company’s bank account must be opened and the capital deposited.
    • Once the company is established, it will be registered in different public offices and in the Mercantile Registry.
    • Finally, the activity in the Treasury will be registered, from that moment the obligations will begin (submission of quarterly statements, annual summaries, as well as the obligations) and the registration of the administrator at Social Security, with the consequent payment of contributions.
  1. What are the obligations of a freelance?
    • Quarterly Tax declarations
    • Annual summaries of quarterly statements
    • Keep records of invoices (issued and received)
    • Keep the documentation of the last 4 completed fiscal periods
    • Annual Income Statement (Tax Return: RENTA)
    • Payment of monthly freelance social security contribution
    • Respond to any requirement from the Tax Office or Social Security
  1. What are the obligations of a company?
    • Quarterly Tax Returns
    • Annual summaries of quarterly statements
    • Full accounting
    • Keep the documentation of the last 4 completed fiscal periods
    • Annual Corporate Tax Declaration (Profit tax)
    • Legalization of Accounting Books
    • Annual Statements Deposit
    • Monthly Payment of Administrator Social Security contributions
    • Respond to any requirement from the Tax Office or Social Security
  1. What is the cost of carrying out an activity as a freelancer?R, First of all, you should consider Social Security contributions, which will be at least € 280 per month. It will be necessary to analyze if there is the possibility of opting for reductions of these contributionss. If there is the right to reduction:
    1. First 12 months: 80% reduction: about € 60 per month
    2. Next 6 months: 50% reduction: about € 140 per month
    3. Next 6 months: 30% reduction: about € 200 per month
    4. From month 25: minimum fee of about € 280

It is very important to keep in mind that if you decide to withdraw during the period of reductions, you will not be able to opt for the reductions again until a period of 3 years has passed without having enjoyed reductions, so it is advisable to make registration and unregitration decisions strategically.

  1. What is the cost of carrying out an activity as a company?
    • First of all, you should consider the Social Security contributions of the administrator, which will be at least € 360 per month.
    • Annual Legalization of Accounting Books, entails a fee at the Commerce Registry of about € 40
    • Deposit of Annual Accounts, entails a Rate in the Commercial Registry of about € 46
  1. What services our agency offers to cover the obligations of your activity as a freelancer or company :
      1. Fiscal and Accounting Area
  • Update of the Treasury Census: registration, cancellation, modification
  • Submission of quarterly and annual statements
  • Full accounting (companies only)
  • Record books of sales, expenses and investments (autonomous only)
  • Presentation of the Legalization of Books Registration / Accountants (companies only)
  • Presentation of Corporation Tax (only companies)
  • Presentation of the Annual Statements Deposit (companies only)
  • Response to Tax Office and Social Security Requirements
  • Answering queries related to the activity
  1. Labor and Social Security Area
  • Social Security Census Update: registration, unregistration, modifications
  • Payroll Preparation
  • Preparation and registration of Contracts, Layoffs, Extensions, Modifications, etc.
  • Monthly social security management
  • Query Answer
  1. How do I have to make an invoice if my clients are in another country?

First of all you should know if your client is a business (self-employed / company) or a user or final consumer.

    • If it is a business:
      1. If it is European and registered in the international VAT system (VIES or VAT International Exchange System), then it will be an intra-community sale and you can issue an invoice without VAT
      2. If it is European but not registered in VIES, then it will be necessary to issue an invoice with VAT unless there is some kind of exception that should be analyzed
      3. If it is from a third country (outside the European Union), then it will be an Export and VAT will not apply
  1. I am a freelance; When do I have to include the income tax withholding on the invoices I issue?
    • When your client is in Spanish territory and is a company or freelance. Your client will act as a retainer and will have to deposit those withholdings quarterly at the Tax Office.
    • If your client is not in Spanish territory you will not be able to include that retention/withholding on your invoice
  1. What taxes do I pay on my profit?

As a Company, the Company Tax is paid and the general rate is 25%, although this could be 15% when a new activity is started during the first year with benefit and the next. This reduced rate is subject to a series of requirements, including:

      1. That it is a new activity
      2. That the partners and other accredited parties have not previously performed this activity
  • As a self-employed person (freelance), the Personal Income Tax is paid.

Payment is made:

  1. Including withholdings on each invoice you issue
      • 7% or 15% the year of registration and the following two years
      • The mandatory 15% from the 4th fiscal year of the activity
  2. Through model 130, which involves a 20% advanced payment of your quarterly profit. This is mandatory if more than 30% of your revenue does not include withhold tax because you have customers who are not Spanish or they are final consumers. In these two cases your sales invoice will not include retention of 7% / 15% and it will be necessary to calculated each quarter profit for the activity; you will have to deposit 20% of that profit as an advanced payment of your personal income tax


1. How much does it cost to apply for a transportion card?

R, 120€ in the case of nationals of less than 5 months old or of the same age as the fleet and 150€ the regional ones of less than 6 years old.

2. The transportation card expires, can you renew it for me?

R, Yes, we take care of it, if we have already applied for it before, you must send us documentation of the vehicle with the valid itv and the certificates of being up to date on payment in Tax Office and Social Security. If we never did it you must send us your document of identity too and the price is 120€.

3. I have the transportation card expired for a long time, can I still renew it?

R, yes, depending on the expiration time, as long as it has not been more than one year since the expiration date , without having anything submitted on transportation department.

4. I have a driver from outside the European community, do I need any special authorization?

R, Yes, you need a third-country driver’s certificate, we can get it for you, you must provide the driver’s NIE, driving license and social security registration.

5. I have a driver from outside the European community, but my vehicle does not need a transportation card due to the weight, do I still need any authorization for that driver?

R, In this case it is not needed, since the vehicle does not need a transportation card.

6. I already have a transport card, and now I bought another truck, should I get a new card for this second truck?

R, Every truck must have its own card, if it is new there is no problem to get it, for used trucks you can not exceed the average age of the fleet.

7. I bought a new truck , I have been told that they give me the transport card, is it true?

R, It is not true, it is not that they give it to you, but since it has less than 5 months, it can be requested directly, but you have to make the request before 5 months and pay it, the cost is 120€

8. I found a 10-year orld truck with the transportation card, should I do any paperwork to change the ownership?

R, Yes, the cards and the vehicles must always be under the name of the holder. in this case it is necessary to make a total transmission of the business, all the vehicles and their cards. If the holder has more vehicles, it will not be possible to transmit only one. We can take care of the change of ownership of the vehicle, we need the digitally signed transmission sheet, documentation of the vehicle with the valid ITV and certificate of being up to date with the payments to Tax Office and Social Security, the transferor cannot have debts.

9. My vehicle has broken down and I have had to rent another one for a few days, should I do any paperwork?

R, Yes, we must request a certificate in order to use the vehicle, we need the documentation and the rental vehicle contract and a garage certificate that says it is broken.

10. I have a 3500kg van to transport my own merchandise, do I need a transportation card?

R, it is not needed in the case of personal use; it will be needed only for vehicles of more than 3500kg.

11. I need to renew my transportation card, but I am not up to date with payments, is there any way I can renew it?

R, you must be up to date with payments at the Tax Office and Social Security, the only way to be able to renew it if you are not up to date with payment, is by having a deferment of the debt, granted by the competent body.

12. I have unregistered my vehicle, can I keep the transportation card or will I lose it?

R, In this case, the card is suspended until the next visa is done, you can replace the vehicle with a truck of the same age or younger until that date.

13. How do I know when I have to renew the transportation card?

R, In the case of public service vehicles, they are renewed on even years, and the month of renewal depends on the last digit of your ID (DNI or NIE). For instance, if it ends in 1, it must be submitted during the month of January, if you are our client we will notify you in advance and tell you what we need for your renewal.

14. If the transportation cards are renewed every two years, and I have it only for six months, why do I have to renew it now?

R, Because the renovation does not depends on the the date when it is obtained, but on the year in which we obtain it. Public service cards are renewed on even years and those for private service on odd years. The renewal month will depend on the termination of the ID (NIE), i.e. if the NIE ends in 2 the visa renwal month will be February.

15. I need an regional transportation card but I don’t have the training degree (certification), what can I do?

R, The only option is to hire someone who has it and give him/her power of attorney as traffic chief.

16. I need the digital tachograph card, how do I get it?

R, We will manage it for you with a copy of the transportation authorization, digitalized photo and a copy of your ID.

17. I don’t have the training degree (certification), how can I get it?

R, You have to pass a test. First you will pay a fee when the deadline opens in mid-February. There are two calls per year, one is usually at the end of May and the other at the end of November, from 2020 will be an indispensable requirement to have a baccalaureate degree or higher degree to be able to access the exam .



1. How much does a ownership change cost?

R, The total cost is 120€ in the case that the vehicle is more than 10 years old, the purchaser is resident in Catalonia and the value when it was new was less than 40.000€

On the other hand, if it is less than 10 years old or the purchaser is from outside Catalonia (except Navarra), trasmission tax must be added, which is calculated according to variables set by the local tax office.

2. I want to buy a vehicle, but I don’t know the seller at all, how can I know if the car has any administrative problem?

R, The safest way is by requesting a report to the Traffic Department. We can get fpr you, the cost is 15€

3. Why I can not do the ownership change?

R, It can be due to several reasons, in order to solve it we need to get a report from the Traffic Department

4. How can I pay the road tax?

R, You must go to Barcelona City Hall or call 010 and make a credit card payment. If you live in a different town you must go to the Barcelona Provincial Council or the local city hall.

5. My grandmother is deceased, can I change ownership of the vehicle directly to someone other than the heir?

R, No you can not. When someone dies, first, you must change the ownership to the heir and then make the change to the buyer.

6. In the deed of inheritance the vehicle does not appear, what can I do?

R, To solve this, you must make an addition of the vehicle in the inheritance deed. We can manage it, the cost is 60 euros

7. Is it necessary to leave the original deed to make the ownership change?

R, Only original deed is necessary in the case of old ones, where the form 650 and 660 is not telematic. It is an indispensable requirement for traffic department.

8. I financed my vehicle and now it is completely paid, I want to clear this record. How can I request the removal of this record? What is the cost?

R, Finance companies register the reservation of ownership of the assets on which they operate. That is why, in order to remove that record the owner of the vehicle must request a letter from the finance company where it is proven that the vehicle is already paid. Once you have requested this letter, we will help you clean up the ownership of your vehicle. The cost is 30,25€ plus registration fees (approximately 30€, depending on the case).

9. I have lost my driving license, do you make duplicates and how much does it cost?

R, Yes , you just have to provide a photocopy of your ID. The price of the service is 40 euros

10. My driving license expired, can you renew it for me?

R, No, we cannot, you must go to a specialized medical center to get a medial certificate. They are take care of the renewal.

11. I have lost the documentation of my vehicle, can you get duplicates? What is the cost?

R, Yes , in Spain the documentation of a vehicle is made up of the traffic permit and the technical specifications card. In order to request these duplicates, we need a photocopy of the ID and the vehicle plate number. Regarding the technical specifications card, if it is electronic and has the ITV in force, a copy can be requested to traffic department, the cost will be 35 euros; in the case of paper cards, duplicates must be obtained through ITV, which, if in force, the cost is 75 euros. Regarding the traffic permit duplicate, the cost 40€. If ITV inspection had to be passed, the cost of the ITV is not included.

12. I’m going on a trip and I need the international permit, can you get it urgently?

R, Yes we can process it, but traffic department for this procedure does not admit urgencies and usually takes 15 days . For this procedure we will need a photocopy of the ID and the driver’s license, also a ID card photo. The cost is 60 euros.

13. How can I unregister a vehicle?

R, We can help you if it is a temporary unregistration. A definitive unregistration must be managed directly by scrapping company.

14. My vehicle has been stolen, what should I do?

R, In these cases, it is the police who is responsible for making the unregistration once you report it. If the report date is very old and is not recorded in traffic, we can also process it with the report document.

15. I have sold my vehicle to a foreigner and he wants to take it to his country, what should I do to avoid problems?

R, If the person does not do the ownership change in Spain, what you should do is a community transit or export unregistration. Depending to the country, the cost is 40 euros .

16. I sold a vehicle to a person who said he would do the ownership change, but I get fines, what can I do?

R, The best thing to do in this case is that you register a sale notification. We will need the sale contract. The cost is 60 euros.

17. I am a foreigner and I have a driving license from my country. I want to exchange it for a Spanish one. Can you help me?

R, Of course, provided that your country has an agreement with Spain Traffic Department . This process is a bit long because of the lack of available appointments to submit applications, but once we get it, we take care of everything . You just have to provide original documents that we request you, we will give you a temporary license and the final will arrive at your home directly from traffic department. The cost is 120 euros.

18. I just moved from another country, I want to bring my vehicle and register it here in Spain, can you arrange it?

R, Yes, we take care of all steps of the process . However, you must go one day to the ITV Inspection Station. We will need the documentation of the vehicle so that we can get you a cost budget according to your situation and the characteristics of your vehicle. Once everything is ready , you can pick up the documentation and the new plates at our office.

19. I want to buy a car in an EU country , how can I register it here? What is the cost?

R, We can help you throughout the process, but first you must send us the documentation to see if the homologation password is correct and it can be registered in Spain, so we can make a budget according to your situation and the technical characteristics of vehicle. If it can be done, then we will take care of the whole process. However, you must go one day to the ITV Inspection Station. Once this is ready, you can collect the documentation and the plates in our office.



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