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HANS OLOF SAVASEN Cyberspace Real Estate @gent World Wide Real Estate $ervice If you
are looking for a piece of
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Licensed to start |
Licensed to start a business in
documents besides other requirements.
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The first
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is a “Licencia de Apertura”. This is simply a license to open, which is issued by the Ayuntamiento, or local town hall. |
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The second |
document is a licencia fiscal - a business license issued by the Hacienda office authorizing its holder to engage in some specific activity. |
Under the license to open, the town hall will determine, amongst other things, whether your business is located in a properly zoned area and if you are registered for the appropriate local taxes. In particular, if your business is a bar or restaurant, the premises has to pass sanitary and technical inspections, and so on.
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Without the license, the Spanish authorities can close the premises and can penalize you for having the bar or restaurant open illegally. |
In cases where you take over a business, we will use a bar as the example, and the license to open has been issued to the original owners a couple of years previous, the town hall may request certain documents in order to issue a new one.
These documents are essentially scale plans and a survey report pointing out plumbing, central heating, ventilation, air-conditioning, soundproofing, electricity, sewerage, cleaning and evacuation of smoke, vapour steam and wastes and so on, plus a description of each piece of equipment and the fire precaution procedures.
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This survey could cost in excess of 500.000. - Pesetas depending on the condition of the premises. The “licencia fiscal” - then authority to enter into a specific business activity - is issued by the local or nearest Hacienda office. Under the licencia fiscal, you are required to maintain accurate books on the IVA or value added tax (VAT) for goods bought in, and the IVA for goods sold out. Additionally, all taxes must be settled on a quarterly basis with the taxman. Businesses with a small turnover can opt for a special scheme that simplifies the IVA (VAT) process. Once up and running, there are several other important matters to consider and rules to adhere to. You must join the Spanish Social Security
Scheme.
Besides these key
documents, the Spanish authorities require proof of purchase or a lease or “traspaso” of business premises. Next, consider
whether to set up as a sole trader, partnership or as a corporation (Sociedad Anonima or S.A) or a
limited liability company (Sociedad Limitada, or S.L) or a Spanish branch company - a sucursal - of a company already existing in your home
country. If you form a company, its deed of incorporation must be signed before the Spanish Notary and registered in a Mercantile Registry.
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One of the company’s in the team “$avasen”