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Before I went freelance I was working full time for a company for over 3 years as autonomo and I was based in their head office using their equipment. But i did have a contract of my services with them rather than a contract of employment. So maybe that is the answer... have a contract drawn up to say that you are providing them a service.

Well I dont really know much on the subject but thats a little bit of my experience.

I think most employers are reluctant to offer a contract of employment cos with Spanish laws it is hard to sack someone on a contract of employment. I heard about someone on a contract being asked to leave the company but he refused as he was on a contract. So in the end they had to pay him money to leave, and I think he done quite well out of it... but dont know how true that is.

Paul

http://www.paulscottondesign.com 

 

I think the issue is we need to find out what law is being broken to result in a fine!

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I decided to 'relocate' my business entity to Gibraltar due to the restrictions and costs associated with running a small business in Spain and saved a considerable amount of money.  The Spanish regulatory issues alone make it unappealing to be autonomo/self-employed here, but combine that with the savings on accountancy fees and social security payments in Gibraltar, it was an easy decision to make.

What were the costs involved in setting up a Gib company ?

If you're paying Gib social security I assume you can't get any benefits here/health care?

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ColorCare:

I decided to 'relocate' my business entity to Gibraltar due to the restrictions and costs associated with running a small business in Spain and saved a considerable amount of money.  The Spanish regulatory issues alone make it unappealing to be autonomo/self-employed here, but combine that with the savings on accountancy fees and social security payments in Gibraltar, it was an easy decision to make.

So I guess you are not resident in Spain then?

If you live in Spain and work in Spain, the Spanish Government considers your earning to be taxable because your business is centred around Spain. It does not matter if you have 10 offshore companies, most of the offshore tax havens are blacklisted so Spain just ignores them.

If you live here all year round and your service is based here you may actually be liable for taxes and you know what the Spanish are like about providing proof etc.

When thinking about "offshore" and "tax paradises", ALWAYS get legal consul from a Spanish Tax Lawyer first if you live in Spain. You might be surprised at the weid laws that exist.

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123 Marbella Web Design and Internet Services
For Web Design in Marbella Spain
please visit www.123marbella.net

Christian:

What were the costs involved in setting up a Gib company ?

 

The actualy costs if you do it yourself rather than using a lawyer it is only 200.00 pound.  If you search 'investGibraltar' online and contact them they are extremely helpful.

shinyandy:

If you're paying Gib social security I assume you can't get any benefits here/health care?

 

Normally that would be correct, but my wife is employed in Spain so i get spanish healthcare as a spouse.

craigedmonds:

ColorCare:

I decided to 'relocate' my business entity to Gibraltar due to the restrictions and costs associated with running a small business in Spain and saved a considerable amount of money.  The Spanish regulatory issues alone make it unappealing to be autonomo/self-employed here, but combine that with the savings on accountancy fees and social security payments in Gibraltar, it was an easy decision to make.

So I guess you are not resident in Spain then?

If you live in Spain and work in Spain, the Spanish Government considers your earning to be taxable because your business is centred around Spain. It does not matter if you have 10 offshore companies, most of the offshore tax havens are blacklisted so Spain just ignores them.

If you live here all year round and your service is based here you may actually be liable for taxes and you know what the Spanish are like about providing proof etc.

When thinking about "offshore" and "tax paradises", ALWAYS get legal consul from a Spanish Tax Lawyer first if you live in Spain. You might be surprised at the weid laws that exist.

 

I am resident in Spain, but the majority of my work is in Gibraltar.  Although when i checked this out, both with my spanish lawyer and the gibraltar government it was'nt an issue.  As long as you declare your spanish earnings in your annual returns the spanish are able to claim a percentage from Gib.  I was sceptical at first, hence the reason i checked it out.  I am comfortable with what i was told and thats why i moved forward.  I wouldnt recommend doing it until you have checked things out for yourself as the circumstances may be different.