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The trusted advisor for Spanish family businesses

We accompany Spanish family businesses and SMEs through the most important challenges of their lifecycle: succession planning, family protocol, restructuring, growth and professionalisation of management.

300+
family businesses advised
25+
years supporting family businesses
150+
succession plans designed

Family businesses form the backbone of the Spanish economy: more than 85% of companies in Spain are family-owned, they generate nearly 60% of private employment and contribute more than half of GDP. However, generational survival statistics are concerning: only 30% of family businesses survive into the second generation and fewer than 15% reach the third. The main failure factors are lack of succession planning, unresolved family conflicts, excessive tax burden on transfers and the absence of an adequate governance structure.

At BMC we have spent more than two decades accompanying family businesses and SMEs through the most critical moments of their lifecycle. From optimising the tax structure of ownership and planning generational succession to restructuring companies in difficulty, professionalising corporate governance and preparing the business to raise external financing or for an eventual sale. Our approach combines tax and legal advisory with deep knowledge of the specific dynamics and needs of the Spanish family business.

Succession planning is the service where we add the most value: we structure the transfer of the business with maximum use of the family business tax regime (95% reduction in inheritance and gift tax), minimise the donor’s income tax through holding contribution structures, and design family protocols that establish clear rules for the next generation. We also advise on managing the personal wealth of family shareholders, pension and retirement planning, and the potential creation of a family office to manage the diversified wealth of the business family.

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

The family business regime allows an exemption in Wealth Tax and a 95% reduction in Inheritance and Gift Tax on the transfer of company shares. To qualify, the company must carry out an economic activity, the transferor must hold at least 5% (or 20% with family group) of shares, and the transferor or a family member must perform management functions with remuneration exceeding 50% of their net income.
A family protocol is an agreement between members of the business family that governs relations between the family and the company, including family members' access to management positions, dividend policy, dispute resolution mechanisms, share transfer rules and corporate governance structure. It is the key instrument for ensuring business continuity through generational change.
Family business succession planning should begin well in advance (ideally 5-10 years beforehand) and includes: optimising the family business tax regime, deciding on the transfer vehicle (lifetime gift vs. inheritance), structuring a family holding company, share valuation, optimising income tax for the donor and inheritance tax for heirs, and updating the shareholder agreement for the new generation.
Spanish SMEs have access to several financing sources beyond traditional bank credit: the Alternative Stock Market (MAB/BME Growth) for listing and raising funds, venture capital or private equity funds, CNMV-regulated investment crowdfunding, ENISA participating loans and ICEX internationalisation support. We advise on selecting and accessing the most suitable option.
Professionalising a family business involves bringing in external managers with the right talent and experience, designing corporate governance systems (board of directors, management committee, family council), implementing transparent and equitable remuneration policies for family members working in the business, and clearly defining family-owner-manager roles.

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