Foreign Investments in Spain: Legal & Strategic Overview

Why Invest in Spain?

Spain is a strategic gateway to Europe, Latin America, and North Africa—offering a stable legal environment, strong infrastructure, and access to over 450 million EU consumers. Foreign investment is actively encouraged across multiple sectors, from real estate to tech and energy.

🚀 Key Benefits:

  • Member of the EU and Eurozone

  • Double taxation treaties with over 90 countries

  • Liberalized foreign investment regime

  • Access to EU funding and trade protections

  • Qualified local workforce & developed infrastructure


🏗️ Most Attractive Sectors for Foreign Investment

🏘️ Real Estate & Hospitality

  • Residential, tourism, and commercial projects

  • Strong demand in cities like Madrid, Barcelona, Valencia, and coastal zones

🔋 Renewable Energy & Infrastructure

  • Solar, wind, hydrogen, and green infrastructure

  • Spain is an EU leader in clean energy

📲 Technology & Startups

  • Government incentives and tax relief for innovation

  • Thriving fintech and biotech ecosystems

🍷 Agriculture, Food & FMCG

  • High-value export market (olive oil, wine, seafood)

  • Investment opportunities in supply chains and logistics


🧑‍⚖️ Legal Framework for Foreign Investors

Spain’s foreign investment is governed by:

  • Law 19/2003 (on capital movements and foreign investment)

  • Royal Decree 664/1999

  • Applicable EU regulations and directives

✅ No General Restrictions, Except:

  • National defense, critical infrastructure, dual-use tech

  • Investments exceeding €500,000 must be declared to the Directorate-General for International Trade and Investment

📌 EU/EEA investors enjoy free movement of capital
📌 Non-EU investors must comply with anti-money laundering (AML) and transparency obligations


🛠 Due Diligence & Regulatory Compliance

Before investing, foreign individuals and companies should:

  • 🔎 Conduct legal, financial, and tax due diligence

  • 📜 Review zoning, licenses, and ownership records (especially for real estate)

  • 🔐 Understand corporate structure & governance requirements

  • 🧾 Register investments with the Bank of Spain (when applicable)

Borderless Lawyers supports all phases of investment—from structuring to execution.


💰 Tax Implications for Foreign Investors

Spain offers competitive corporate and capital gains tax options depending on the structure:

Tax Element Rate / Rule
Corporate Tax 23% (general); 15% for new companies
Capital Gains 19–28% depending on gain amount
Withholding Tax 19–24% (reduced with tax treaties)
Wealth Tax May apply to non-residents with Spanish assets
VAT (IVA) 21% standard; lower for some sectors

📌 Spain has Double Tax Treaties with most major economies, including the U.S., UK, UAE, India, and China.


🧑‍💼 How Borderless Lawyers Helps

We provide full legal support for:

  • ✅ Structuring and registering foreign investments

  • ✅ Company formation and real estate transactions

  • ✅ Due diligence and legal opinions

  • ✅ Cross-border tax strategy

  • ✅ Regulatory approvals and declarations


🌍 Real-World Example

Case: A Canadian private equity firm wanted to invest in a Spanish biotech startup. We structured the transaction, reviewed intellectual property ownership, ensured compliance with foreign investment disclosure rules, and advised on the tax-efficient repatriation of profits.

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