Corporate Tax in Spain for Foreign-Owned Businesses

Thinking of opening a company in Spain or already running one with foreign shareholders? Then understanding Impuesto sobre Sociedades — Spain’s corporate income tax — is essential.

This guide covers:

  • Who must pay corporate tax

  • Tax rates for Spanish companies

  • Deductions and credits

  • Filing requirements

  • How foreign-owned entities are taxed


👥 Who Pays Corporate Tax in Spain?

Corporate tax applies to:

  • Spanish resident companies (incorporated or managed from Spain)

  • Branches of foreign companies with activity in Spain

  • Some non-resident entities with income sourced in Spain

🧾 If your company has a permanent establishment (PE) in Spain, it’s subject to corporate tax on income generated in Spain.


💶 What Is the Corporate Tax Rate in Spain?

Company Type Tax Rate
General corporate rate 25%
Newly created companies (first 2 years with profits) 15%
Banks and oil/gas companies 30%
Nonprofits (special regime) 10% or exempt

👩‍💼 Most startups and SMEs will pay 25%, with 15% offered as an incentive for new businesses.


📉 Allowable Deductions & Credits

Spanish companies can deduct expenses that are:

  • Directly related to the business

  • Properly documented

  • Accounted for in the books

✅ Common deductible expenses:

  • Salaries and social security contributions

  • Rent and utilities

  • Professional services and legal fees

  • Travel, IT, and telecoms

  • Depreciation of fixed assets

  • Interest payments

💡 R&D credits and reinvestment incentives are also available under certain conditions.


🗓️ Filing Corporate Tax: Modelo 200

All resident companies and PEs must:

  • File an annual corporate tax return (Modelo 200)

  • Submit quarterly tax prepayments (Modelo 202)

Return Type Deadline
Annual (Modelo 200) Within 25 days of 6 months after fiscal year-end (usually July 25)
Quarterly advance (Modelo 202) April 20, Oct 20, Dec 20

📌 Corporate tax returns are separate from VAT or income tax filings.


📊 Example: Spanish Subsidiary

A UK parent company sets up a Spanish SL (Sociedad Limitada).

  • It has an office in Madrid

  • Generates €300,000 in annual profit

  • Declares €70,000 in deductible expenses

Taxable profit: €230,000
Corporate tax @25% = €57,500


🏦 Branch vs Subsidiary: Tax Differences

Feature Branch (Sucursal) Subsidiary (SL or SA)
Legal personality No (extension of parent) Yes (separate entity)
Tax status Pays tax on Spanish income only Pays tax on global income (if resident)
Reporting requirements Simpler Full Spanish accounts, audit (if required)
Liability Parent company liable Limited liability

👥 A subsidiary offers more autonomy and tax planning flexibility, especially for EU businesses.


🌍 Avoiding Double Taxation

Spain has Double Taxation Agreements (DTAs) with over 90 countries, allowing:

  • Tax credits for foreign taxes paid

  • Exemptions on certain cross-border dividends

  • Withholding tax reductions on royalties and interest

📌 Check whether your country has a DTA with Spain to prevent being taxed twice.


🛡️ Staying Compliant as a Foreign-Owned Business

To avoid penalties:

  • Keep accurate books and Spanish-language accounts

  • Maintain a registered tax address in Spain

  • File Modelo 200 and Modelo 202 on time

  • Submit annual accounts to the Registro Mercantil (Companies Registry)

💼 Having a Spanish tax advisor is essential for non-resident company owners.


⚖️ Need Corporate Tax Help in Spain?

At Borderless Lawyers, we help:

  • Set up SL companies or Spanish branches

  • Handle quarterly filings, bookkeeping, and Modelo 200

  • Maximize deductions and R&D credits

  • Structure tax-efficient operations for foreign shareholders

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