Entrepreneurship

Starting a business in Spain in 2026: legal structure, paperwork and real support

By Martín Díaz Cuadrado · 2 September 2026 · 11 min read

Abstract illustration of ascending blocks and a stamped document, about the steps to set up a company

Setting up a company in Spain is less complicated than it looks, but it forces you to make decisions that are worth making with correct information: which legal structure to start with, what paperwork is required and which public support you can genuinely apply for. This guide summarises the essentials as of September 2026 and links to the official source for every figure.

Before you start: this is general information. Amounts and requirements change with budget laws and reforms, and your specific situation (partners, assets, region, sector) may change the answer. Before signing anything, check the linked source and talk to an accountant, tax adviser or lawyer. Most official sources are in Spanish.

Three questions before choosing a legal structure

The choice between registering as self-employed (autónomo) or incorporating a company is usually framed as a tax question, but three other questions matter just as much:

How much risk are you taking on? If the business can run up significant debts (stock purchases, leases, staff, liability towards customers), who is liable for those debts matters a great deal.
Will you have partners or investors? Sharing ownership, bringing someone in later or raising investment is natural in a company and practically impossible as an individual.
What profit do you expect and what will you do with it? If you plan to reinvest a large share of what the business earns, the tax comparison changes compared with needing to draw it all out to live on.

Self-employed: quick to start, with personal liability

As a sole trader or self-employed professional, you and your business are the same person in legal terms. That has clear advantages: registration is fast, you do not need to contribute capital or go to a notary, and the formal obligations are lighter than for a company.

The main trade-off is liability. Article 1911 of the Spanish Civil Code states that a debtor is liable for their obligations with all their present and future assets. If the business builds up debts, your personal assets are exposed.

For tax, business income is taxed under personal income tax (IRPF), which is progressive: the higher the profit, the higher the marginal rate. For Social Security, the self-employed contribute according to their net income, organised into brackets each with a minimum and maximum contribution base. According to Social Security, you can change your chosen base every two months, up to six times a year, and at the end it is adjusted to the income you actually earned.

The reduced fee for new self-employed workers

If you register and have not been in the self-employed scheme during the previous two years (three, if you have used this benefit before), you can apply for a reduced contribution known as the flat rate (tarifa plana). According to Social Security information, it is 80 euros a month for the first 12 months, and it can be extended for another 12 if you expect your annual net income to stay below the national minimum wage. For people with a disability of 33% or more, victims of gender-based violence or victims of terrorism, the initial period is 24 months.

An important caveat: Royal Decree-law 13/2022 set those 80 euros for 2023-2025 and provided that, from 2026, the amount is determined by each year's budget law. Check the current figure on the Import@ss portal when you register.

Limited company: separating assets and preparing for growth

A private limited company (sociedad de responsabilidad limitada, SL) is a legal person separate from its partners. As a general rule, partners are not personally liable for the company's debts beyond what they contributed, which protects their personal assets. Personal guarantees are a different matter: banks and landlords often ask partners of small companies for them, and if you sign as guarantor you are liable with your own assets.

The SL from 1 euro

Law 18/2022 on the creation and growth of companies, known as the Crea y Crece law, lowered the minimum capital of an SL from 3,000 euros to 1 euro. Article 4 of the Capital Companies Act keeps two safeguards while the capital is below 3,000 euros:

at least 20% of profit must go to the legal reserve until the reserve and the capital together reach 3,000 euros;
if the company is wound up and its assets are not enough to pay its debts, the partners are jointly and severally liable for the difference between 3,000 euros and the capital they subscribed.

In practice, incorporating with 1 euro makes the start cheaper, but a company with no equity signals little solvency to banks and suppliers, and it limits access to public financing such as ENISA's, which requires equity in order to lend. Decide the capital based on what the project will need, not just the legal minimum.

How an SL is taxed

The company's profits pay Corporate Income Tax. According to the Tax Agency's rate table, for tax periods starting in 2026:

general rate: 25%;
newly created entities carrying on business activities: 15% in the first period with positive taxable income and in the following one;
micro-enterprises (turnover in the previous period below 1 million euros): 19% on the first 50,000 euros of taxable income and 21% on the rest;
small companies (entidades de reducida dimensión): 23%;
startups certified under Law 28/2022: 15% (more on this below).

Money you take out of the company for yourself is taxed again: as pay under your personal income tax, or as dividends in the savings base. That is why comparing the Corporate Tax rate with your marginal income tax rate is not enough; you need to look at the whole picture, including accountancy fees and bookkeeping and registry obligations.

Also, working in your own company does not exempt you from contributing as self-employed. Article 305 of the General Social Security Act places directors and partners with effective control of the company in the self-employed scheme, and presumes such control above certain shareholding percentages.

Self-employed or SL: an indicative comparison

Aspect	Self-employed	Limited company (SL)
Liability for debts	Personal and unlimited	Limited to contributions, except personal guarantees and the rules for capital below €3,000
Getting started	Tax and Social Security registration	Articles of association, notary, Commercial Registry and tax registration
Tax on profit	Progressive personal income tax	Corporate Income Tax, plus income tax when money is drawn out
Partners and investment	No partners in the same structure	Partners, capital increases and investors
Formal obligations	Lighter	Commercial accounting and filing of annual accounts
Specific support	Reduced self-employed fee	ENISA loans and startup certification

There is no turnover figure at which you "have to" switch to an SL. If you work alone, with little risk, and want to test the business, starting as self-employed is usually reasonable. If there are partners, planned investment or significant financial risk, a company is usually the way to go.

The paperwork, step by step

If you start as self-employed

Tax registration with form 036, where you state the activity, VAT regime and start date. The old simplified form 037 was abolished on 3 February 2025 by Order HAC/1526/2024: everything is now done with form 036.
Registration in the Special Scheme for Self-Employed Workers through Import@ss, where you also apply for the reduced fee if eligible and state your expected income.
Municipal licences and notifications if you open premises. These depend on each town hall and on the activity.

If you incorporate a limited company

Name availability certificate from the Central Commercial Registry, confirming the chosen name is not taken.
Articles of association and capital contribution, which is evidenced before a notary.
Public deed of incorporation signed by the partners before a notary.
Company tax ID (NIF) and tax registration with form 036.
Registration in the Commercial Registry of the province where the registered office is located.
Social Security registrations for directors and partners where applicable, and for employees if there are any.

Much of the process can be done online through the CIRCE system: you fill in a single form, the Single Electronic Document (DUE), and the system passes the data on to the notary, Commercial Registry, Tax Agency and Social Security. Entrepreneur Service Points (PAE), in person or online, help you complete it.

Support that genuinely exists

There is a lot of talk about "grants for entrepreneurs", but most real public support comes as reduced contributions, loans or tax advantages, not non-repayable money. These are the main nationwide options:

ENISA participative loans

Spain's National Innovation Company (ENISA) offers participative loans for startups and SMEs of between 25,000 and 1,500,000 euros, with no collateral or personal guarantees, up to 7 years to repay and up to a 2-year grace period on principal. The requirement that rules out most projects: the company's equity must be at least equal to the loan amount requested. Interest has two tranches, one set at Euribor plus a spread and another variable one linked to the company's financial profitability.

ENISA also runs specific lines, such as Emprendedoras Digitales (women-led digital ventures), Innovación x Clima, AgroInnpulso and one for audiovisual and cultural and creative industries. It is debt that must be repaid, but it requires no guarantees and no equity.

The reduced self-employed fee

Explained above. It is probably the most widely used form of support when starting out, and it is best requested at the time of registration.

Regional and local programmes

Each autonomous community and many town halls run their own advice, training, guarantee or grant programmes. As they change every year, look for them on your region's official website and be wary of lists that do not link to the call published in the relevant official gazette.

The Startup Law: what a startup is and what it gains

Law 28/2022 on promoting the startup ecosystem creates a special regime for innovative, scalable startups. To qualify you need ENISA certification, which is free of charge. In summary, the requirements are:

being incorporated as a commercial company or cooperative;
being newly created or no more than five years old from registration, or seven in biotechnology, energy, industry and other sectors set out in the law;
having its registered office or a permanent establishment in Spain;
at least 60% of the workforce having an employment contract in Spain;
developing an innovative and scalable business project, accredited by ENISA;
not distributing or having distributed dividends and not being listed on a regulated market;
not exceeding 10 million euros in annual turnover.

In return, among other measures:

Corporate Income Tax at 15% in the first period with positive taxable income and the following three, as long as the company keeps its startup status.
Deferral of tax debt for Corporate Tax in the first two periods with positive taxable income, 12 months for the first and 6 for the second, without guarantees.
More attractive stock options for the team: the income tax exemption for shares delivered to employees of startups rises from 12,000 to 50,000 euros a year.
More incentive for your investors: the income tax deduction for investing in newly or recently created companies rises to 50% with a maximum base of 100,000 euros. I explain it in detail in the article on investing in startups.

Certification is not a mere form: ENISA assesses how innovative and scalable the project is, based on the documentation and the business plan. A traditional business with no innovative component is unlikely to qualify, however profitable it is.

Common mistakes when starting

Choosing the legal structure on tax alone. Liability, partners and future financing matter as much as the tax rate.
Incorporating before checking that anyone will pay. It is better to validate the idea first while spending as little as possible; this guide to validating a startup idea explains how.
Not signing a shareholders' agreement, or signing it late. Ownership split, commitment, what happens if someone leaves and how decisions are made: it is much easier to agree while everything is going well.
Assuming you qualify for support without reading the call. Requirements, deadlines, obligations to maintain activity or jobs, and incompatibilities with other aid.
Not setting money aside for taxes and contributions. The VAT you charge is not yours, and contributions, withholdings and advance payments arrive even after a slow month.

Checklist

Answer the three questions: risk, partners and use of profit.
Ask an adviser for a simulation with your expected figures as self-employed and as an SL.
If you will be self-employed, check whether you meet the reduced fee requirements and its current amount.
If you will incorporate an SL, set the capital with solvency and future financing in mind.
Consider whether the project could obtain startup certification.
Look into ENISA financing and your autonomous community's programmes.
Sign a shareholders' agreement before you start invoicing.

Official sources (in Spanish)

Figures reviewed in September 2026. This guide does not replace professional advice on your case.

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