Payroll & Social Security in Spain – Employer’s Legal Obligation

🇪🇸 Understanding Payroll in Spain as a Foreign Company

Running payroll in Spain is highly regulated. Whether you’re hiring one local employee or building a team, you must comply with Spanish labor law, tax withholding, and social security contributions.

✅ Mandatory payroll structure
✅ Monthly filings required
✅ Fines for delays or errors
✅ Often handled through legal/accounting partners

💡 Our legal team manages payroll for SLs, startups, and remote founders operating in Spain.


📄 What Payroll in Spain Must Include

Each monthly payslip (nómina) must contain:

  • Employee name, NIE, and job title

  • Gross salary

  • Social security contributions (employee + employer)

  • IRPF withholding (personal income tax)

  • Net salary paid

  • Accrued vacation and bonuses if applicable

📎 Most companies use software + legal/HR advisors to generate legally valid payslips.


📊 Social Security Contributions Breakdown

Contribution Type Employer % Employee %
General Social Security ~23.6% ~4.7%
Occupational Risk Insurance ~1.5%–7%
Unemployment Fund ~5.5% ~1.5%
Training, Wage Guarantee ~0.7% ~0.1%
Total Approximate ~30% ~6.35%

Employer pays the full amount monthly to TGSS
Employee share is withheld from salary

💡 Foreign founders should budget an additional 30% on top of gross salary to cover mandatory contributions.


📅 Payroll Timeline & Filing Requirements

Task Frequency Where to File
Generate payslip Monthly Internal / payroll system
Pay employee salary Monthly Bank transfer
Submit social security (TGSS) Monthly Sistema RED (TGSS)
Submit IRPF withholding (Modelo 111) Quarterly Agencia Tributaria (AEAT)
Annual summary (Modelo 190) Yearly AEAT

💡 Delays in TGSS payments generate automatic penalties and can block hiring.


⚠️ Common Mistakes to Avoid

⛔ Missing employer registration (CCC)
⛔ Incorrect IRPF withholding
⛔ Failing to notify TGSS before employee starts
⛔ Not filing Modelo 111 / Modelo 190 correctly
⛔ Hiring remote staff without proper registration (even if part-time)


🧾 Payroll for Remote Companies in Spain

Many foreign-owned companies:

  • Hire remote Spanish staff from abroad

  • Set up an SL or use EORs (Employer of Record services)

  • Delegate payroll to legal or fiscal reps (like our firm)

We offer turnkey payroll solutions, including:

✅ TGSS + AEAT registration
✅ Bilingual payslips
✅ IRPF calculations and filings
✅ End-of-year summaries (Modelo 190)


🛡️ Labor Inspections & Audits

Spain has active labor inspections. Risk triggers include:

  • Missing IRPF or TGSS payments

  • Hiring freelancers instead of employees

  • Employee complaints (e.g. unpaid overtime)

  • Lack of written contracts or payslips

📌 Penalties can exceed €3,000+ per infraction.


🧑‍💼 Our Payroll & Social Security Services

At Borderless Lawyers, we support:

  • Employer registration (CCC)

  • Employee onboarding

  • Monthly payroll & payslips

  • IRPF & social security filing

  • Audit protection and labor compliance

  • Residency-linked payroll strategy


📞 Simplify Payroll in Spain with Legal Confidence

Running a team in Spain? We handle the entire payroll process — from hiring to compliance — so you can focus on your business.

👉 Contact us to manage payroll and social security filings with full legal support.

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