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WORKING IN SPAIN

How to set up an online shop in Spain

E-commerce in Spain is growing with more online shoppers than ever. If you want to get in on the action, here's everything you need to know, from how to set one up, to the online rules you need to follow and your tax implications.

How to set up an online shop in Spain
Many online shoppers in Spain continue to buy products from abroad even though they would prefer to purchase them from Spanish online businesses. (Photo by JOSEP LAGO / AFP)

If you know of a product that’s in high demand in Spain but in short supply, you have some capital available, plenty of business savviness, and experience dealing with Spanish customs, selling goods online can be a good way to make money.

Many people in Spain still purchase goods from foreign websites and sometimes have to pay extra shipping or customs costs as a result, even though recent studies have shown that Spain-based online shoppers would rather buy products from Spanish websites.

So there could be a gap in the market that you can fill. 

In a survey by Spanish logistics company Packlink in November 2021, eight out of 10 Spaniards said that they bought something online in the past month.

Spain is an attractive e-commerce destination because of this, and the fact that the market is still developing. According to Packlink, Spaniards spend the least on e-commerce out of countries in the EU – only 20 percent spend more than €100 per month online. In Fance it’s 27 percent, in Germany it’s 26 and in Italy it’s 25 percent.

Online fashion shops are the biggest e-commerce sector in Spain, but toys, hobby products and accessories are also popular. 

According to the Packlink study, the typical buyer is a man between 40 and 50 years old, who spends more than €50 a month on his online purchases and usually uses them to buy gifts, clothing or tech products.

How do you set up an e-commerce business in Spain?

There are various ways that you can get create your online shop in Spain. These include registering as self-employed or autónomo, as a limited company or by joining a cooperative. This will more than likely depend on what you intend to sell and how big your online shop will be. 

READ ALSO – Self-employed in Spain: What you should know about being ‘autónomo’

Inform the Agencia Tributaria 

Let the Tax Agency know that you setting yourself up as autónomo or creating a limited company by filling out forms 036 or 037 online. This will get you a número de identificación fiscal (NIF) or a provisional NIF (if creating a company). If setting up a limited company, you will need to do this at least 30 days before you incorporate your company.

If you plan to sell abroad and not just in Spain, you must also register with the Agencia Tributaria in order to be able to carry out intra-community operations and so that your VAT number will be recognised in other EU countries.

Sign the deed of incorporation
If you are setting up a limited company, you must sign the deed of incorporation in front of a notary. After this, you can apply for a definitive NIF (NIF definitivo) from the Treasury (Hacienda) within six months. 

Registration in the Mercantile Registry
If you have set up a limited company or have joined a cooperative, you will have to register your business in the Mercantile Registry or Provincial Commercial Registry in your local area. You will have 30 days to do this from the date you incorporated your company.

If you have logos or trademarks, you will also need to register these at the OEPM (Spanish Patent and Trademark Office) to protect your intellectual property rights. 

Register for social security 
Whether you are a sole trader or a limited company, you must make sure to register for social security and for Tax on Economic Activities. To register for social security number, you will need to fill out the TA1 online and submit your identification and NIE numbers, using a digital certificate. You can also apply in person at your local Tesoreria General de la Seguridad Social.

Remember that these processes can be quite complicated, particularly if you don’t speak Spanish well. Even if you do, it’s advisable to hire a gestor to help with these processes and ensure that they go smoothly and you have registered everything correctly.  

READ ALSO – Access all areas: how to get a digital certificate in Spain to aid online processes

Comply with regulations

Because your store is online, you will not have procedures related to opening licenses, instead you will have to make sure that you comply with specific regulations regarding the processing of personal data of potential customers, your cookie policy and consumer protection.

Comply with the LSSI

The LSSI is the name given to the law in Spain associated with electronic commerce and regulating it. This law sets out obligations that companies must respect based on the service or product they sell, and a series of rights for consumers. This includes things such as online advertising. The LSSI establishes the obligation for service providers to be able to clearly provide information about themselves and their company, should consumers wish to find out.

Things that you must provide in order to comply with this law are: 

  • Your name or company name
  • Your address or email address, so that customers are able to communicate with you.
  • Certificate of registration in the Mercantile Registry. 
  • In the event that your activity is subject to administration from a particular authority, you must provide information on your professional association and academic title.
  • Your tax identification number
  • Prices must be clear, indicating whether or not they include applicable taxes and, where appropriate, shipping costs too.

General Data Protection Regulation

You must also make sure that your website complies with the latest data protection regulations. 

Tax requirements

Companies that sell goods in Spain via an e-Commerce website are liable to pay VAT and income tax on their profits.

Autónomos are required to present their accounts quarterly, as well as the yearly Declaración de Renta or annual tax return. 

Remember that if you set up a company, rather than being autónomo, you will also have to present an annual Spanish corporation tax return and statutory accounts as well.

The tax rates in Spain are charged according to the income earned, varying between 19 and 47 percent. The general corporate tax rate is 25 percent. In certain cases, lower tax rates are applied for newly established companies. 

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For members

HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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