Germany-Spain Desk

Comprehensive consulting services for your business activities in Germany

Services

Our international advisory services include all necessary services for your business activities in Germany.

You want to:

Start doing business in Germany

There is free movement of goods and services within the EU. You can therefore operate in Germany from Spain without the need for a company or permanent establishment in Germany. Nevertheless, some legal and tax features have to be taken into account:

  • Analysis of the legal framework for the intended activities (social security, product safety law, packaging law, WEEE waste electrical and electronic equipment law etc.)
  • Analysis of the tax situation and recommendations regarding the tax structure (in particular value-added tax and income tax)
  • Tax registration, if necessary
  • Tax reporting

Operate an e-commerce business in Germany

E-commerce is a special form of direct business, which is subject to special tax regulations, the main aim of which is to facilitate business activities in this area:

  • Analysis of the initial legal and tax situation
  • Development of recommendations regarding the structure of the business
  • Tax registration, if necessary
  • Tax reporting (including One-Stop-Shop (OSS))

Set up a permanent establishment/branch in Germany

  • Tax and legal analysis and recommendations regarding the structure for the setting up of a permanent establishment
  • Preparation and coordination of the registration of a branch in the Commercial Register
  • Tax registration of the permanent establishment/branch
  • Compliance with the tax reporting requirements for the permanent establishment

Form a company in Germany

If the scope of business activities becomes larger, many companies choose the route of forming a German subsidiary. If structured accordingly, the Spanish parent company is not liable for its subsidiary’s business activities in German. This decision requires careful consideration.

  • Analysis of the advantages of forming a company
  • Selection of the appropriate legal form and description/explanation of the major risks
  • Selection of the registered office/subsidiary
  • Preparation of all incorporation documents (articles of association, bylaws, etc.)
  • Coordination of notarisation with the notary
  • Monitoring of the registration process 
  • Entire tax registration process including opening balance sheet
  • Preparation of financial and payroll accounting and annual financial statements/tax returns

Create a joint venture with a German partner

In some configurations, it makes business sense to enter the market together with a local partner. In this case, the creation of a joint venture is an option.

  • Analysis of the advantages of a joint venture
  • Selection of the appropriate legal form 
  • Preparation and negotiation of the articles of association
  • Remaining process as for the formation of a company

Acquire a company

Another option for entering the market and developing a local infrastructure, which can be quickly implemented, is the acquisition of an existing company in the target market. The acquisition of an existing company requires intensive preparation in order to avoid any financial losses.

  • Selection of a suitable company for acquisition
  • Entire due diligence process in all relevant areas of the company
  • Drafting of agreements for the acquisition of the company (asset purchase agreement (APA), share purchase agreement (SPA), etc.)
  • Tax optimisation of the acquisition structure
  • Legal and tax integration and assumption of reporting requirements

Second an employee to Germany

The globally networked business world is resulting in an increasing number of temporary transfers of employees to foreign companies of the same corporate group (secondment). As far as possible, the seconded employee should be relieved of all bureaucratic, legal and tax issues in connection with the secondment:

  • Agreement under labour law regarding the temporary transfer
  • Clarification of residence regulations
  • Provision of support with regard to the accommodation of the seconded employee
  • Provision of support where the seconded employee is relocated
  • Preparation of the payroll records for the duration of the secondment and/or advising the human resources department in Germany
  • Preparation of tax returns in Germany for the seconded employee

Contact us

Contact us

We are looking forward to meet you!

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