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Advisory for Spain's tourism sector, the backbone of its economy

We advise hotels, restaurant groups, tour operators and holiday rental platforms in Spain on tax, legal and corporate matters, with specialist knowledge of sector regulation and investment opportunities in the Spanish market.

251.172
active companies in Spain
1.782.649
registered workers (SS)
104.4B€
annual revenue (INE)
36,1%
5-year survival rate
23,1%
sector gross margin
14,9%
EU business share

Source: cifex · Seguridad Social · INE EEE · INE DIRCE

180+
tourism companies advised
€1.2B+
in hotel assets managed
20+
years in Spain's tourism sector

Spain is the world’s second largest international tourism destination, and the hospitality and tourism sector is the backbone of its economy. With more than 251,172 active companies and nearly 1,782,649 workers registered with Social Security, hospitality and tourism generate aggregate revenue exceeding €104.4 billion per year and contribute directly and indirectly 12% of GDP. Spain also holds a 14.9% share of the European Union’s tourism market, a position that reinforces the country’s appeal for international hotel investment and for operators seeking scale in southern Europe.

The sector’s economic structure reveals both its strengths and its tensions. The average gross margin of 23.1% is under constant pressure from labour costs, seasonality and growing regulation around tourist accommodation. The five-year survival rate of 36.1% makes clear that success in hospitality and tourism is far from automatic: it requires rigorous tax planning, the right corporate structure and professional management of regulatory and employment risk. Companies that work with specialist advisors navigate cycles and contingencies more effectively.

At BMC we advise hotel chains, restaurant groups, holiday rental operators, travel agencies, active tourism companies and investment funds specialising in hotel assets. Our services cover the tax and legal structuring of hotel acquisitions, due diligence on tourist assets and operations, tax planning for national and international hotel groups, VAT management in the sector and employment advisory for large, high-turnover workforces.

The rise of holiday rentals and the sharing economy has created new regulatory and tax advisory needs that we address with specialist knowledge. We also have extensive experience advising foreign investors acquiring hotel assets in Spain — optimising ownership structure and income taxation — and managing administrative procedures to obtain tourist licences in the main autonomous communities and tourist municipalities.

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

Hotel and accommodation services in Spain are taxed at the reduced 10% VAT rate, as are restaurant and catering services. However, ancillary services such as minibar, telephone, parking or laundry may be taxed at the standard 21% rate if invoiced separately. In the Canary Islands, IGIC applies instead of VAT. Correctly segregating services is key to optimising output VAT.
Acquiring a hotel can be structured as an asset purchase (subject to VAT or Transfer Tax depending on whether the seller is a business) or a share purchase (subject to capital gains at corporate or personal level). Tax due diligence must review the VAT history, possible pro-rata adjustments, special regimes, property tax debts and staff employment contingencies. The optimal structure depends on the buyer's tax profile.
Property owners renting through platforms such as Airbnb or Booking must declare income in their personal income tax return as capital income or business income (depending on whether hotel-type services are provided). Platforms are required to report Spanish users' income to the Tax Agency (form 179). Holiday rental regulation varies by autonomous community and municipality.
Each model has different tax implications. Ownership allows property depreciation but ties up capital. An operating lease generates recurring deductible expenses but creates no balance sheet assets. A management contract (management fees based on RevPAR) is tax-efficient for the owner but requires a rigorous service contract. The optimal structure depends on the business model, investor profile and overall tax planning.
The seasonality of Spain's tourism sector means that temporary hiring and layoffs are common. Fixed-discontinuous contracts (introduced by the 2022 labour reform) have largely replaced temporary task-based contracts. Managing Social Security registrations and deregistrations, temporary lay-off procedures (ERTE) during low season and correct application of the sector collective agreement are critical areas for HR management in the sector.

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