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Powering the energy transition with first-class advisory

We advise energy and infrastructure companies in Spain on project structuring, financing, regulatory compliance and tax planning, with a particular focus on renewable energy and the energy transition.

10.729
active companies in Spain
40.492
registered workers (SS)
136.9B€
annual revenue (INE)
19,8%
sector gross margin
5,8%
EU business share

Source: cifex · Seguridad Social · INE EEE

50+
renewable energy projects advised
2GW+
in managed installed capacity
18+
years in Spain's energy sector

Spain’s energy sector is one of the most capital-intensive in the economy. With just over 10,729 active companies and nearly 40,492 workers registered with Social Security, it generates aggregate revenue of €136.9 billion — the highest per-company figure of any sector analysed — with an average gross margin of 19.8%. This market structure, dominated by large utilities and complemented by a growing network of independent renewable developers, reflects the nature of the energy business: massive assets, long-term contracts and a value chain that concentrates returns in few hands. Spain is a world leader in solar photovoltaic and wind power generation, and its National Integrated Energy and Climate Plan (PNIEC) sets a target of 74% renewable generation by 2030.

The sector’s historical regulatory volatility — with retrospective changes to remuneration regimes that triggered intense international arbitration — has taught investors that regulatory risk management is not optional. Investment decisions in Spanish energy assets require rigorous legal and tax due diligence, careful structuring of the investment vehicle and continuous monitoring of sector regulation. The current context, with the impetus of NextGenerationEU funds and the pressure of the decarbonisation agenda, is generating an extraordinary flow of opportunities that demand advisors capable of moving with equal agility across the fiscal, legal and financial domains.

At BMC we advise renewable energy developers, utilities, infrastructure funds and grid operators on the tax and legal structuring of their investments in Spain. Our services cover due diligence on energy assets, SPV and project finance structuring, PPA contract negotiation, CNMC regulatory framework compliance and tax planning for projects throughout their lifecycle. We also manage the procurement of European and national grants for green hydrogen, energy storage and energy efficiency projects.

The ESG agenda is increasingly relevant for the sector. We support clients in designing sustainability strategies, issuing green bonds and sustainability-linked loans with KPI-based covenants, reporting under CSRD/GRI standards and integrating EU Taxonomy criteria into investment decision-making. Our integrated approach — combining financial, tax and legal advisory with deep sector knowledge — enables us to accompany clients from opportunity identification through to the disposal of mature assets.

Glossary

Key Sector Terms

Accelerated Depreciation in Spain (Amortización Fiscal Acelerada)

Accelerated depreciation (amortización fiscal acelerada) in Spain allows companies to deduct a higher proportion of an asset's cost in the early years of its useful life for Corporate Tax purposes, reducing taxable income sooner than straight-line accounting depreciation would permit. Spain offers both statutory accelerated tables and specific regimes for SMEs, newly hired personnel, and R&D assets.

EU AI Act

The EU Artificial Intelligence Act (Regulation EU 2024/1689) is the world's first comprehensive legal framework for artificial intelligence. It classifies AI systems by risk level, imposes obligations on developers, deployers, and importers, and establishes penalties of up to €35 million or 7% of global turnover for the most serious violations. It entered into force in August 2024 with phased compliance deadlines through 2027.

Annual Accounts (Cuentas Anuales)

Cuentas Anuales are the statutory annual financial statements that all Spanish companies must prepare, approve, and deposit at the Commercial Registry each year. They include the balance sheet, income statement, statement of changes in equity, cash flow statement (for larger companies), and notes.

Arbitration and Mediation in Spain

Spain has a well-developed framework for alternative dispute resolution (ADR). Arbitration is governed by Ley 60/2003 de Arbitraje (based on the UNCITRAL Model Law) and provides a binding, private process with enforceable awards. Mediation in civil and commercial matters is regulated by Ley 5/2012. Spain is a signatory to the New York Convention (1958), enabling international enforcement of Spanish arbitral awards in 170+ countries.

Autónomo — Self-Employed in Spain

An autónomo is a self-employed individual in Spain who carries out an economic activity on their own account. Autónomos must register with the AEAT for tax purposes and with Social Security (RETA regime), pay quarterly income tax instalments and VAT returns, and pay monthly Social Security contributions.

Balance Sheet in Spain

The balance sheet (balance de situación) is a statutory financial statement that presents a company's assets, liabilities, and shareholders' equity at a specific point in time. In Spain, it is a mandatory component of the annual accounts (cuentas anuales) prepared under the Plan General Contable (Spanish GAAP) and filed at the Commercial Registry.

FAQ

Frequently asked questions

Renewable energy projects in Spain are typically structured through special purpose vehicles (SPVs). Key tax aspects include accelerated depreciation of assets, renewable energy investment deductions in Corporate Tax, VAT treatment during the construction and generation phases, and taxation of PPA contracts. Optimal structuring depends on the investor type and chosen financing model.
The IVPEE taxes at 7% the value of electricity produced and incorporated into the system. It applies to producers across all sources, including renewables. It is deductible as an expense in Corporate Tax. Its planning is important when designing a project's financial model, especially in long-term PPA contracts where returns must be secured.
Project finance for renewables in Spain typically involves a debt-to-equity ratio of 70/30 to 80/20, with senior debt secured against project assets and cash flows (SPV). Lenders require PPA contracts or secured market access, technical and environmental due diligence, an audited financial model and full legal documentation. We advise on structuring and negotiating all of this documentation.
Infrastructure companies of a certain size are subject to the CSRD sustainability reporting directive. Beyond mandatory compliance, institutional investors and lenders increasingly require a robust ESG framework as a condition of investment or credit. We help develop ESG strategies, sustainability reports and sustainable finance frameworks (green bonds, sustainability-linked loans).
Acquiring energy assets in Spain requires analysing administrative construction and operating authorisations, registrations with the CNMC and regional bodies, remuneration regimes (open market vs. RECORE), grid access agreements, land easements and rights, and potential regulatory contingencies. Specialist due diligence is essential.

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