Lawyer
An expert in corporate and international corporate law. He has many years of experience in establishing and reorganizing companies, supporting M&A transactions, as well as providing legal support for opening and running a business in the EU, Asia, and North America.
LEGAL SUPPORT FOR INVESTMENT IN SPAIN
The Spanish legal system is based on civil law (Roman-Germanic law) and regulates investment activities through national and European legislation.
The key regulatory acts governing investments are:
- Foreign Investment Law (Real Decreto 664/1999) – defines the procedure and requirements for foreign investors.
- The Spanish Civil Code (Código Civil de España) – contains the main provisions regarding property rights and the conclusion of contracts.
- Companies Law (Ley de Sociedades de Capital) – regulates corporate relations, the creation and management of businesses.
- Tax Code (Ley General Tributaria) – establishes the tax obligations of investors.
- Real Estate Law (Ley Hipotecaria) – regulates real estate transactions and the procedure for registering property rights.
Spain is also a member of the EU, which means that European investment legislation applies on its territory, including the principles of free movement of capital and protection of investor rights.
Types of investments in Spain
Real estate investments (Inversiones en Bienes Inmuebles)
The most popular direction for foreign investors is the purchase of real estate (vivienda, local comercial, terreno).
The main stages of legal support of the transaction:
- Real Estate Due Diligence (Real Estate Due Diligence)
- Analysis of title documents – Nota Simple, issued by the Registro de la Propiedad.
- Checking for debts, mortgages or legal encumbrances (cargas registrales).
- Analysis of compliance with urban planning standards (Certificado Urbanístico).
- Formalization of the agreement (Formalización del Contrato de Compraventa)
- Contrato de Arras – a preliminary contract that provides for the payment of a deposit (arras penitenciales).
- Escritura Pública is the main contract, drawn up at the Notary and registered in the Registro de la Propiedad.
Tax obligations (Obligaciones Fiscales)
- Impuesto sobre Transmisiones Patrimoniales (ITP) – 6-10% for the secondary market.
- Impuesto sobre el Valor Añadido (IVA) – 10% for new buildings.
- Impuesto sobre Actos Jurídicos Documentados (AJD) – 0.5-1.5%.
Investments in businesses (Investments in Companies and Mercantile Societies)
Foreign investors can open a new company or buy a stake in an existing business.
The main types of companies in Spain are:
- Sociedad Limitada (SL) – an analogue of an LLC, minimum authorized capital of 3,000 euros.
- Sociedad Anónima (SA) is an analogue of a joint-stock company, with a minimum capital of 60,000 euros.
- Branch (Branch of a foreign company) – expansion of international business without creating a new legal entity.
Legal support includes:
- Company registration in the Mercantile Registry.
- Obtaining a NIE/NIF tax number.
- Opening a bank account (Cuenta Bancaria Empresarial).
- Registration with the tax office (Agencia Tributaria).
Investments in financial instruments (Inversiones en Instrumentos Financieros)
Spain offers investors to invest in:
- Obligaciones del Estado – government bonds.
- Investment Funds – investment funds.
- Bolsa de Madrid is a stock market.
For securities transactions, it is necessary to obtain a foreign investor identification number NIF/NIE and register an account with a broker (Cuenta de Valores).
Tax support for investments
The Spanish tax system imposes different obligations on investors depending on the type of investment.
The main taxes paid by foreign investors are:
- Non-resident income tax (IRNR) – 19% for EU citizens, 24% for citizens of other countries.
- Corporate tax (Impuesto sobre Sociedades) – 25%.
- Capital Gains Tax (Impuesto sobre la Renta de No Residentes) – 19% on profits from the sale of real estate or a business.
To optimize taxation, consultation with our tax lawyers is recommended.
Visa and immigration aspects of investing
Spain offers a “Golden Visa” for investors who:
- They invest from 500,000 euros in real estate.
- Invest in business or government bonds from 1 million euros.
- A golden visa gives you the right to reside and the opportunity to obtain citizenship after 10 years.
Protection of Investors’ Rights
Investor protection mechanisms in Spain include:
- Bilateral investment protection agreements (Tratados de Protección de Inversiones) – over 80 international agreements.
- National Courts (Juzgados y Tribunales de España) – consideration of investment disputes.
- International arbitration (Arbitraje Internacional) – the possibility of resolving disputes at ICSID or ICC.
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during the day
Compensation for moral, material damage
Protection of honour, dignity, and business reputationContract Development for Business and Legal Entities
Licensing of business activities
Compensation for moral, material damage
Legal services in the field of cryptocurrency and blockchain
REGISTRATION OF COMPANIES AND OPENING OF BANK ACCOUNTS
Sale and purchase of ready-made firms
Grants and attracting investment
Business registration and support in Great Britain
Business registration and support in Switzerland
Business registration and support in the EU
Business Registration and Support in the Gulf Countries (GCC)
Business registration and support in Turkey
Business registration and support in USA
Lawyer for administrative cases
Legal services for medical businesses and doctors
Protection of honour, dignity, and business reputation
Real estate transaction support
Escort of the tender participant
Trial lawyer: support and defense in court
European Court of Human Rights (ECHR)

