How to open an online store in Spain without being self-employed

To form your online Store in Spain, you must take into account that when generating profits, taxes must be declared as if it were a physical store to be up to date with the Treasury. To do this, there are two ways, register as self-employed or register a company.

On the one hand, if you are registered with the RETA and have another economic activity, the first thing to do is look for the one that most closely resembles our new type of activity under the IAE heading.

Then, you must fill out Form 036 or Form 037 and add the IAE epigraph in the corresponding section and submit the application.

On the other hand, if you are going to start your activity as a Self-Employed, it is best to register as a self-employed worker. In this case, it is necessary to select an IAE epigraph that is similar to the activity to be carried out.

How to sell online without being autónomo

The only way to sell online without the need to register as an autónomo (self-employed) in Spain is for the products to be used items, either in an application for the sale of second-hand objects.

What problems can I have if I do not register with Social Security?

The payment of all late self-employment fees with their corresponding surcharge and the impediment of being able to continue developing our commercial activity, are the biggest problems that not registering can cause you, you may even be left without activity.

What taxes will you pay as an autónomo, owner of an online store in Spain?

Being in charge of an e-commerce in Spain means having more payments in addition to the self-employed quota. To begin with, this would vary depending on the possible bonuses that we can benefit from. However, as we have already said, nothing will free us from facing other taxes in e-commerce that are common to any type of physical activity:

Value Added Tax (VAT) – Form 303

It is between 10% and 21% depending on the type of activity. This tax must be taken into account when marking the prices of our online store. In other words, it is not a tax for the trader, but for the consumer.

Personal Income Tax (IRPF) – Form 130

It is the most important tax of the Spanish Tax Agency due to the figures it handles, and taxes the profits of individuals, companies, and other legal entities. As self-employed people, we are obliged to inform the Treasury of our income through model 130 and to respond to it in our Annual Income Statement.

For all this, and for some other things, we have already told you on some occasions that the ideal is to have an advisory service for your e-commerce. It is the best way to make the most of your time and not have to worry about certain issues that are always better in the hands of specialists.

Register as a self-employed or set up a company for my online store?

Acting as a well-established company brings multiple advantages:

• Liability is very different depending on the type of company.
• Customers tend to trust a company much more than a sole proprietor.
• The tax burden is very different.
• Advantages when hiring employees.
• We become more competitive against other companies.

Formation of your company for an e-commerce

For your e-commerce to form as a company, you must take into account the following steps:

1. Determine the type of company you want to form. For an e-commerce, the best option in our opinion is to set up a Limited Company or a Civil Company.
2. Request a company name that is free in the commercial registry. To do this we can access the name section of the Central Mercantile Registry.
3. Draft a public deed of incorporation of the company with the data of the partners and their corresponding participation. The deed must be submitted to the commercial registry two months after its creation, accompanied by the following documents:
   • Copy of the provisional NIF
   • The original deed of incorporation of the Company.
   • Certification of company name.
4. Registration of the bank account as a company (opening certificate).
5. Mark the bylaws (you must consult a specialized lawyer)
   • The type of Society
   • The corporate purpose: in this case, online sale of our product/service
   • registered office
   • Social capital
   • Partner participation
6. Request the provisional NIF, after 6 months we will be asked to renew it and we will be given the final one. To request this document, you must go to the Treasury with the original and a photocopy of the partners, the correctly completed form 036, as well as the labels and identification cards of the company.
   Note: This NIF will be provisional for 6 months and then you will have to request the final one.
7. The signing of the public deed of incorporation before a notary.
8. Registration in the Economic Activities Tax (EAT) through model 036.

Laws that your online store in Spain must comply with

These are the laws that you must comply with within your online store before it starts:

• Organic Law on Data Protection (OLDP). You must register the files that contain personal data with the Spanish Agency for Data Protection (ADP).
• Law on Services of the Information Society and Electronic Commerce (LSSICE). This transparency law, it is intended to easily show access to all the data of the web administrator.
• Consumer law and electronic commerce. This standard includes basic consumer rights such as the right to return or shipping problems.

We hope this information has been very useful to you! Remember that at Entre Trámites we offer various agency, advisory, and support services in bureaucratic processes for foreigners, such as the management of personal income tax, VAT, and Company taxes.

Do you need more information about taxes for e-commerce in Spain?

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