Autonomo vs PYME: Which Path Should You Take in Spain 2024?

Starting a business in Spain can be an exciting journey, but choosing the right legal structure is crucial. Two common options are becoming self-employed (Autónomo) or establishing a small or medium-sized enterprise (PYME – Pequeña o Mediana Empresa). Each has its own set of advantages, disadvantages, legal and fiscal considerations. This guide will help you understand the key differences and decide which path might be the best for your business goals. 

Autónomo

Overview

  • Sole responsibility for business operations.
  • Flexible working hours.
  • Simpler setup process.

Advantages

  • Lower initial costs
  • Simpler administration
  • Full control over business decisions

Disadvantages

  • Unlimited liability
  • Harder to secure large financing
  • More personal involvement required

Administration

  • Registration: Must register with the Social Security system and the Spanish Tax Agency.
  • Taxes and Contributions: Responsible for paying self-employment taxes and contributions.
  • Accounting: Simpler accounting requirements.

To register as self-employed in Spain, the first step is to register in the Special Regime for Self-Employed Workers (RETA), a free procedure that involves paying the self-employed fee. The flat rate for the first year is approximately 80 euros per month, while the standard fee is around 300 to 320 euros per month, depending on income and bonuses. This procedure can be done on the same day. It is also necessary to register with the Treasury using form 036 or 037, a free and immediate process if done online, or which may take one or two days if done in person.

Other aspects to consider for the self-employed include civil liability and accident insurance, which can cost between 150 and 500 euros per year depending on the type of activity. Accounting and tax advice is another recurring expense, with an approximate cost of 50 to 150 euros per month.

Example

A graphic design freelancer might face initial registration costs in the RETA and the Treasury for free, with a self-employed fee of 80 euros per month during the first year under the flat rate. The costs of accounting advice would be 50 euros per month, and the total time to complete all the procedures would be less than a week. Additional annual costs, including insurance and software, would be approximately 300 euros.

Entre Tramites Graphic Designer Autonomo Example - Club GLOBALS

PYME

Overview

  • Can have multiple employees.
  • More structured organization.
  • Potential for higher growth and expansion.

Advantages

  • Limited liability
  • Easier access to financing
  • Potential for growth

Disadvantages

  • Higher setup and operational costs
  • More complex administration
  • Shared decision-making

Administration

  • Legal Entity Registration: Must be registered as a legal entity (e.g., SL, SA).
  • Taxes and Contributions: Subject to corporate taxes and more comprehensive accounting regulations.
  • Tax incentives: Can benefit from various tax incentives and grants for businesses.

To open a company in Spain, one of the first steps is to choose the appropriate legal form. The Limited Company (SL) requires a minimum share capital of 3,000 euros, which can be in cash or assets. Notary and registration fees usually range between 500 and 1,000 euros, and the process can take between one and four weeks. On the other hand, the Public Limited Company (SA) needs a minimum share capital of 60,000 euros, with at least 25% paid up at the time of incorporation. Notary and registration fees for an SA are usually higher, around 1,000 to 1,500 euros, and the process can take between two and six weeks.

Among the administrative procedures necessary to establish a company, is the reservation of the name in the Commercial Registry, which costs approximately 13 euros and can take one or two business days. Next, it is necessary to open a bank account and deposit the share capital, a procedure that depends on the bank and generally takes one or two business days. Obtaining the Tax Identification Number (NIF) is free and may take one to two weeks. The public deed of incorporation, another essential step, has a notarial cost of approximately 150 to 300 euros and can be completed in one or two days. Finally, registration in the Commercial Registry costs between 250 and 350 euros and usually takes one or two weeks.

Additionally, other expenses must be considered such as licenses and permits, the cost of which varies depending on the type of activity and location, and may require more time depending on the city council. Legal and accounting advice is also important, with an approximate cost of 50 to 150 euros per month.

Example

A digital marketing company (SL) would need a share capital of 3,000 euros, with notary and registration costs of 800 euros and a total time of approximately three weeks to complete all the procedures. In addition, it would have additional annual costs of around 1,000 euros for licenses, advice, and insurance.

Entre Tramites Graphic Designer PYME Example - Club GLOBALS

Conclusion

Choosing between being Autónomo or establishing a PYME in Spain depends on your business goals, risk tolerance, and resources. Each option offers unique benefits and challenges. Whether you need flexibility and simplicity or are aiming for growth and structure, understanding these differences is crucial.

At Entre Trámites, we offer personalized consultations to help you navigate these decisions. As a member of the Club GLOBALS community, you can benefit from our free 30-minute consultations with our specialists. We’re here to support you every step of the way, from initial setup to ongoing management.

Contact us today to schedule a complimentary consultation and take the next step in your entrepreneurial journey!

Entre Tramites

About the author 

Entre Trámites is a Spanish company offering online consulting services for managing bureaucratic processes. They specialize in helping individuals and businesses with accounting, labor, tax, and immigration matters. Their services include registration and management for self-employed individuals (autónomos), the formation and support of small and medium-sized enterprises (PYMEs), and assistance with residency and work permits.

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