When setting up your business in Spain, if you come from the UK, you need to be aware of the different challenges you may face in the process. That is why we are breaking down each of the 10 challenges that we consider to be fundamental in different articles and, therefore, this week we start with the following one:

CHALLENGE 1: Acquire and internalise the business culture, mechanisms, instruments and language for the success and consolidation of the activity in Spain.

In order to acquire and internalise the Spanish business culture, it is advisable to exchange opinions with other Anglo-Saxon entrepreneurs and investors so as to share, exchange and verify experiences of others who came before and have already gone through a similar process. This can be done by holding online meetings with other companies and participating in all kinds of events that promote cultural and business exchange between the British and Spanish, such as The British Spanish Society and The British Chamber of Commerce in Spain, which have professionals from different business sectors among their members. It should be borne in mind that there is a large British presence in Spain, as well as a large Spanish presence in the UK, and collaboration between the two is more than frequent.

These types of meetings and events are usually fundamental for exchanging opinions on matters such as security, work methodology, use of software, search for talent, as well as identifying the main differences that each has found between the two territories.

One of the main recommendations when setting up the existing UK business in Spain is the search for a Spanish management team with knowledge of the language and previous experience in both Spain and the UK to ease the transition from one place to the other.

For all this, it is necessary to surround yourself with a highly qualified team that can advise you, not only on regulations, but also on the day-to-day running of your company and its establishment in Spain and provide you with the necessary contacts to implement your activity in Spain, as well as help you in the search for personnel and other needs involved in the move to Spain.

We continue with our analysis of the 10 key challenges when setting up in business or investing in Spain if you come from the UK. This week we talk about:

CHALLENGE 2: Getting informed and assuming the requirements, obligations and directives that regulate your stay, investment and rights in Spain, especially after Brexit.

The United Kingdom’s exit of the European Union marked the beginning of a period of confusion and regulatory changes for companies, public administrations and citizens with interests in both jurisdictions, as Brexit led to the appearance of various trade barriers for non-EU citizens. This exit is regulated by the Agreement for the withdrawal of the United Kingdom from the European Union and the new obligations for actors with interests in both jurisdictions are based on the bilateral Trade and Cooperation Agreement between the two countries.

At the end of December 2020, the application of new tariffs, duties and requirements governing trade relations and customs transit between the two countries came into force.

Therefore, before investing in Spain, it is important to have the appropriate advice and support, which can help to make the best and informed decision on how to invest and establish ourselves in Spain, studying the sector, regulations and taxation which can result applicable.

If we are going to set up a service company in Spain, the effects of not being subject to the VAT exemption regime as an intra-Community operator must be quantified and analysed, and if the purpose of the company is commercial, these must also be taken into account together with the new customs and duty expenses that must be assessed and included in the budget for setting up and operating the business.

As an individual, Anglo-Saxons who want to start a business or professional activity in Spain will require a visa (permit). There are different types of visas: business visa or self-employment visa, which will allow you to carry out a job or business activity in Spain.

For investors seeking a residence permit in Spain, there is the possibility of applying for a Golden Visa if they make a real estate or property investment in Spain of €500,000. Such investment would allow the investor to obtain a residence permit for themselves and their family (spouse and children under 18) and freedom to travel within the 26 countries of the Schengen zone for 90 to 180 days. The only drawback to be taken into account is that from the second year onwards, they would be considered tax residents in Spain and would be taxed as such, in terms of income and assets, for all their worldwide assets. Before applying for and processing this visa, it is essential to commission a study and comparison of the tax costs inherent to it.

Another legal option to be taken into account is the so-called Beckham Law, which allows people to live in Spain without acquiring resident status. It also entails a unique tax regime with a flat tax rate on employment income in Spain that differs from the progressive tax rates applicable to Spanish residents. The tax benefits inherent in this Law entail a number of well-defined and specific requirements that are generally applicable to elite sportsmen and senior executives.

We continue with our analysis of the 10 key challenges when setting up a business or investing in Spain if you come from the UK. This week we talk about:

CHALLENGE 3: Adapting the business strategy to the Spanish market. By seeking advice, acquiring the necessary knowledge, and applying it to comply with accounting, tax, labor, registration, and corporate obligations inherent to the activity to be developed in Spain. >

To successfully invest in Spain, it is essential to have a deep understanding of the jurisdiction and its practical application, bilateral tax agreements, and the regional tax regulations which are most efficient for non-EU investors.

It is essential to have the advice of experts in the different areas involved, who can contribute their experience and knowledge in the sector and design the appropriate commercial and tax strategy for a successful implementation in Spain.

Brexit and the subsequent change in the status of the United Kingdom, not being included in the EU's commercial agreements, has meant significant modifications in customs procedures, requirements, and fees. Its legal, tax, and frontier treatment is the same as that of all non-EU countries, called "third countries." The tax burden can be reduced by promoting and applying bilateral agreements between the United Kingdom and Spain to encourage and spur bilateral investment and commercial relationships.

The strategic plan's design must include:

• Studying and evaluating expenses derived from hiring personnel and complying with labor risk prevention legislation, as well as the equality plan and salary tables. We must bear in mind that the British Legal System is based on a Common Law system and its characteristics are:
  • There is not always a written constitution or codified laws;
  • Judicial decisions are binding - decisions of the ultimate Court may be overturned by the same Court or through legislation;
  • Wide freedom of carrying out contracts (to hire) as few provisions are implied in a Law contract;
  • Generally, everything is allowed as long as it is not prohibited by Law.

Spain, however, has a Civil Law System that is a system of codified laws that finds its origin in Roman law and its characteristics are:

• There is generally a written Constitution based on specific Legal codes.
• Only legislative enactments are considered to have legal force.
• Specific courts for underlying codes: therefore, there are usually separate Constitutional Courts, Administrative Courts, and Civil Courts that rule on the coherence of Legislation and Administrative Acts with that specific code and interpret it.
• There is less freedom in order to carry out contracts compared to an Anglo-Saxon legal system.
• Evaluation and approval of the tax burden derived from the implementation and operation of the company's activity in Spain.

CHALLENGE 4: To foresee and make provisions in budget ing for derivations caused by currency fluctuations.

The preparation of the budget for the initial implementation and start up during the first year must be calculated after studying the Financial Report. Provide for possible deviations in pounds (sterling).

Contract the services of companies specialised in multicurrency trading and agree on a fixed exchange rate to be applied to the provisioned amount, avoiding deviations caused by financial expenses in the initial approved budget.

CHALLENGE 5: Analyse and calculate profitability in an inflationary enviroment ENVIROMENT:

Investing in Spain in an inflationary environment can be a complex and risky venture. However, with the right analysis and assistance, it is possible to identify profitable investment opportunities.

It´s important to understand how inflation erodes the purchasing power of money and reduces the real value of returns. To foresee and avoid cashflow problems, we should increase the initial implementation budget in at least a 10% to mitigate variations of costs due to political, economic or recession factors.

If such financial effort is not possible, at least the average inflation forecast should be accounted for and foreseen in the setting up and running costs and also on the income.

Assessing the level of risk and potential return associated with each investment is essential. Some investment options in Spain in an inflationary environment are stocks, real state and expat services, this makes it important to prioritise investments with higher expected real returns.

In conclusion, investing in an inflationary environment can be challenging, but with careful analysis and calculations, profitable investment opportunities can be identified. By using these strategies, investors can make informed investment decisions and maximise their profitability.

CHALLENGE 6: Plan to attract and retain local and international talent in a different environment.

Before creating a plan, it is important to conduct a talent needs analysis. To identify the skills, experience, and knowledge required.

Secondly, research the local and international market to identify the talent gap in the labour market and understand where potential candidates can be found.

Create a strong brand image that reflects the company´s values and culture. Highlight the attractions of the country and the environment to create a compelling value proposition.

Develop a comprehensive recruitment process that includes a variety of recruitment channels, such as online job boards, social media, and referral programs. Assess candidates through a process that includes interviews, performance assessments, and reference checks.

Provide a thorough orientation and training process to ensure that employees are fully integrated and understand their role and responsibilities.

Establish a supportive and inclusive workplace culture that values diversity and embraces new ideas. Provide opportunities for employees to grow and develop their skills through training, mentoring and coaching.

Develop retention strategies to keep top talent engaged and motivated. Provide regular performance feedback, offer career development opportunities and offer a competitive benefits package.

Continuously evaluate the effectiveness of the plan and make the necessary adjustments when necessary.

Solicit employee feedback and stay attuned to changes in the local and global talent market.

CHALLENGE 7: Management control of the subsidiary companies and accounting consolidation, taking into account the difference in the start and ending date of the financial/tax year in each country and the regulations and laws applicable to the parent company and the subsidiary.

When establishing a business in Spain, it is important for UK companies to have control over the management of their subsidiary company in Spain. This is crucial to ensure that the business operations are aligned with the parent company’s objectives and strategies. The management control will involve monitoring and directing the performance of the subsidiary, ensuring that resources are used efficiently and effectively, and making strategic decisions to drive growth and profitability.

Consolidation of annual accounts is also important because it allows the parent company to have a holistic view of the financial performance and position of the subsidiary. In Spain, the fiscal year typically starts on January 1st and ends on December 31st, which may be different from the UK’s fiscal year. Consolidation involves combining the financial statements of the parent company and subsidiary, adjusting for any differences in accounting standards, and presenting them as a single entity. This provides a clear picture of the overall financial health of the business and helps in making informed decisions.

Having effective management control and consolidated financial statements can also help UK companies comply with local laws and regulations in Spain. It can demonstrate transparency and accountability, which can enhance the reputation of the business and build trust with stakeholders. Overall, these practices can contribute to the long-term success of the business in Spain.

An annual audit, is strongly recommended, for effective control, correct consolidation of accounts and complete transparency for shareholders/investors.

CHALLENGE 8: Take into account a high tax burden and bureaucracy compared to other neighbouring countries, such as Portugal.

When considering expanding or investing in a new country, there are multiple factors to take into account - including tax burdens, bureaucracy, location, culture, and more. In this case, if a UK company were to choose Spain over Portugal for investment, despite facing higher tax burdens and bureaucracy, they might have done so for several reasons:

1. Access to the European Union: Spain is a member of the European Union, providing UK businesses with a gateway into the largest single market in the world. This offers the opportunity to expand their customer base, collaborate with other European companies, and access funding and grants that are available through EU programs.

2. Established business network: Spain has a strong business network with a lot of opportunities for collaboration and partnerships. Additionally, the country has a skilled workforce that offers excellent opportunities to attract potential employees.

3. Stable and developed economy: Spain is the fourth largest economy in the eurozone and its economy has been growing steadily in recent years. This offers a stable and developed business environment for UK businesses to invest.

4. Strong infrastructure and logistics: Spain has well-developed infrastructure and logistics that provide UK companies with easy access to markets in Europe, Latin America, and North Africa.

5. Attractive lifestyle: Spain is a popular destination for British expatriates, offering a warm and relaxed lifestyle, affordable real estate, quality healthcare, and access to excellent amenities such as schools and universities.

While businesses may face higher tax burdens and bureaucracy in Spain compared to neighboring countries such as Portugal, these factors may be outweighed by the benefits of being in Spain. Ultimately, the decision to invest in Spain should be based on a comprehensive assessment of all relevant factors, taking into account the individual needs and goals of the specific business.

CHALLENGE 9: The possible influence of digital transformation on company location.

Digital transformation has become a crucial factor for businesses worldwide to remain competitive and relevant in today's fast-paced technological era. Therefore, when a UK investor chooses to invest in or establish a branch or new business in Spain, digital transformation can have a significant influence on the decision-making process.

Here are some possible influences of digital transformation in the context of UK investors choosing Spain as their destination:

1. Access to a highly skilled digital workforce: Spain has a highly skilled workforce, with many workers having digital skills in areas such as coding, data analysis, and cybersecurity. This can be highly attractive to UK investors who are seeking to expand their digital capabilities and build a team with a diverse skill set.

In summary, digital transformation presents a considerable opportunity for UK investors choosing Spain as a destination for investment or business expansion. With a highly skilled workforce, emerging tech ecosystem, government incentives, strong technological adoption, and established infrastructure - digital transformation can have a significant influence on UK investors' decision-making process.

CHALLENGE 10: The effect of transition and fluctuating energy costs on the production or implementation process.

Here are some of the effects that transition and fluctuating costs can have on the production or implementation process of establishing a UK company branch in Spain:

1. 1. Budget constraints: Transition and fluctuating costs can be quite difficult to predict, which makes it tough to establish a budget for the project. This can lead to budget constraints, which can impact the production or implementation process by limiting the resources available to get the project off the ground.
2. 2. Delayed timelines: Transition and fluctuating costs can push back the timeline for setting up a UK company branch in Spain. This can delay the implementation process, which can create additional stress and uncertainty among stakeholders.
3. 3. Resource allocation: Transition and fluctuating costs can impact the allocation of resources during the implementation process. The resources required for the project may shift based on the costs, which can lead to unexpected challenges in managing the resources necessary for successful implementation.
4. 4. Uncertainty and risk: The uncertainty of transition and fluctuating costs can add risk to the implementation process, as it may be challenging to accurately project the costs involved. This uncertainty can create additional challenges for stakeholders, as they may need to make decisions based on incomplete or fluid information.
5. 5. Negotiation with suppliers and contractors: Transition and fluctuating costs can impact the negotiations with suppliers and contractors, leading to additional challenges in securing the resources needed to establish a UK company branch in Spain.

In conclusion, transition and fluctuating costs can impact the production or implementation process of establishing a UK company branch in Spain in numerous ways, such as budget constraints, delayed timelines, resource allocation challenges, uncertainty and risk, and negotiation difficulties. As such, careful planning and management of this aspect of the project are necessary to mitigate any negative effects and ensure the successful implementation of the project.

Political instability and the crisis in the supply sector are so present in our current economic situation that it is necessary to opt for the jurisprudence that best protects, supports or subsidises the investor in the event that energy costs skyrocket.

Design an action plan or plan B, to limit losses caused by excessive and unforeseen fluctuations in costs as much as possible.