Skip to content

Tax and legal strategy for businesses that cross borders

We advise importers, exporters, international distributors and trading companies on the tax and legal optimisation of their cross-border operations, with particular focus on intra-EU VAT, customs duties, transfer pricing and free trade zone regimes.

165.236
active companies in Spain
1.083.797
registered workers (SS)
606.3B€
annual revenue (INE)
45,0%
5-year survival rate
5,2%
sector gross margin
12,3%
EU business share

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

€200M+
in cross-border transactions advised
35+
countries covered in our advisory network
15+
years advising exporters and importers

International trade is the growth engine for thousands of Spanish companies, and the sector’s figures confirm this emphatically: more than 165,236 active companies, close to 1,083,797 workers registered with Social Security and revenue exceeding €606.3 billion, equivalent to a 12.3% share of wholesale and international trade across the European Union. The five-year survival rate of 45.0% is higher than in sectors such as retail or transport, though the average gross margin of 5.2% reveals that value creation in international trade depends substantially on efficiency in tax, customs and financial management of operations.

Spain is the world’s ninth-largest services exporter and thirteenth-largest goods exporter, with a business community oriented towards international markets in sectors such as agri-food, automotive, chemicals, machinery and consumer goods. EU membership provides a single market free of internal tariffs, but the Union Customs Code (UCC), intra-EU VAT rules and Double Taxation Conventions generate a complexity that, if not managed rigorously, can significantly erode the profitability of any import or export operation.

At BMC we advise importers, exporters, international distributors and multinational groups with operations in Spain on the comprehensive management of their tax and customs obligations. Our services cover VAT planning for intra-EU and third-country transactions (Forms 303, 349, 380), fiscal representation for non-established companies in Spain, transfer pricing documentation and the optimisation of international group structures. We also advise on special customs regimes — inward processing, customs warehousing, end-use relief — that allow companies to defer or substantially reduce their tariff burden.

International tax planning for cross-border businesses goes beyond VAT and customs duties. The choice of distribution structure (own subsidiary, independent distributor or commission agent), transfer pricing policy within multinational groups, the application of Double Taxation Conventions to minimise source-country withholding taxes, and the management of permanent establishment risk in foreign markets are all strategic decisions with a direct tax impact. Our team, with experience across more than 35 jurisdictions, provides integrated advisory that combines in-depth knowledge of Spanish tax law with a network of local advisers in key trading partner countries.

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.

B2B Electronic Invoicing in Spain

B2B electronic invoicing (facturación electrónica entre empresas) in Spain is the system by which commercial invoices between businesses are created, sent, and received in a structured digital format. Spain is mandating B2B e-invoicing through the Ley Crea y Crece (Law 18/2022), with phased implementation for all businesses required to register with the Verifactu/Tbai system and use interoperable e-invoice formats.

FAQ

Frequently asked questions

Intra-community supplies of goods between VAT-registered traders (registered in the ROI) are zero-rated at source, with the acquirer self-assessing VAT in the country of destination (reverse charge mechanism). Intra-community acquisitions are taxed in Spain at the applicable rate. These transactions also trigger the obligation to file Form 349 (recapitulative statement) and Intrastat declarations when statistical thresholds set by the National Statistics Institute (INE) are exceeded.
The Single Administrative Document (DUA) is the mandatory customs declaration for imports and exports involving countries outside the European Union. On imports, the DUA determines the tariff classification, the customs duty base and import VAT. Correct classification under the Community Integrated Tariff (TARIC) is critical: errors in the CN code can result in significant differences in the duty rate and attract penalties from the Tax Agency or customs authorities.
Spanish law (Article 18 CIT and its Regulations) requires that transactions between related entities be conducted at arm's length and documented in a Master File and Local File. Groups with consolidated revenues exceeding €750 million are also required to file a Country-by-Country Report (CbCR). The Spanish Tax Agency has intensified transfer pricing audits, with particular focus on intra-group services, related-party financing and the transfer of intangibles between group companies.
The inward processing regime allows goods from third countries to be imported with suspension of customs duties and VAT for processing or transformation before re-export. Free zones (such as those in Barcelona, Cadiz and Las Palmas) offer similar advantages, as well as facilitating stock management and cargo consolidation. These regimes can generate substantial savings for manufacturing or international distribution companies, but require prior customs authorisation and precise tracking of goods flows.
A foreign company operating in Spain without a permanent establishment is subject to Non-Resident Income Tax (IRNR) on each Spanish-source income separately, with no possibility of offsetting losses between different income streams. Dividends, interest and royalties are subject to withholding tax, generally at 19%, unless the applicable Double Taxation Convention provides for a lower rate or exemption (such as the EU Parent-Subsidiary Directive). The existence of a dependent agent may create an unintended permanent establishment, with significant tax consequences that must be analysed case by case.

Request a personalized consultation

Our experts are ready to analyze your situation and provide tailored solutions.

Call Contact