18 · Buying Through a Company or in Your Own Name? Legal Structures Explained

*When it makes sense to acquire property through a company, what each legal form actually means, the points at which the tax authorities step in — and what the Beckham Law offers new residents. A practical guide for international buyers.*

Which legal structures are worth considering?#

Before you start thinking about tax structures, it's worth understanding the Spanish company forms themselves. They differ not only in how much capital they require, but also in liability and tax treatment — and that is precisely what later determines whether a given structure makes any sense for you at all.

SL (Sociedad Limitada, ≈ a private limited company): Since the "Crea y Crece" reform (Ley 18/2022), the formal minimum capital is just 1 €. Below 3.000 €, however, special creditor-protection rules apply, which is why advisors in practice usually recommend putting in real capital. Incorporation costs, excluding the capital contribution, run to roughly 1.500–3.000 €.
SLU: the single-shareholder version of the SL, identifiable by the addition of "Unipersonal".
SA: requires minimum capital of 60.000 € — effectively irrelevant for the sole purpose of holding property.
Autónomo (self-employed individual): here you have unlimited liability and are taxed under IRPF (personal income tax). The social-security contribution system has been income-based since 2023; in the first year the tarifa plana (flat rate) of 80 €/month applies.
comunidad de bienes (community of property): a partnership with no separate legal personality, taxed under the régimen de atribución de rentas (income-attribution regime).
sociedad patrimonial (asset-holding company): the classic asset-management vehicle for holding property. It pays 25 % corporate income tax, but enjoys no reliefs and no wealth-tax exemption for the "empresa familiar" (family business).

Taxes and their key dates#

Anyone operating through a company lives with a fixed calendar of filings and deadlines. You should know these before deciding for or against a structure.

Impuesto de Sociedades (corporate income tax): the standard rate is 25 %. The Microempresa rate is 21/22 % (2025), the ERD rate is 24 % (2025→23 % in 2026), and for a newly incorporated company it is 15 %. It is filed via Modelo 200 between 1 and 25 July.
IRPF (for residents): progressive, from 19–47 %; the filing campaign runs Apr–Jun via Modelo 100.
IRNR (non-resident income tax): 19 % (EU) or 24 % (non-EU), filed via Modelo 210.
IVA (VAT): filed quarterly via Modelo 303; the IAE (business activity tax) does not apply where turnover is below 1 million €.

When are you a tax resident? (the 183-day rule)#

The Spanish tax authorities treat you as a resident if you spend more than 183 days of the year in Spain or have the centre of your economic interests there. Important for buyers: Spain has no pro-rata residency year — once triggered, the tax liability extends to the entire calendar year.

The Beckham Law (`régimen especial de impatriados`, special regime for inbound workers)#

For newcomers who have not been Spanish tax residents in the preceding 5 years, this special regime can be worthwhile: employment income is taxed at a flat rate of 24 % — up to 600.000 €, and 47 % above that. The regime applies for 6 years, and wealth tax falls only on Spanish-situated assets. The application is made via Modelo 149 within 6 months.

In your own name or through a company — what suits you?#

This decision can't be made with a blanket rule. It depends on your wealth, your intended use, and your time horizon. Here are the three realistic routes compared:

Buying in your own name: lower running costs, IRPF rental-income reductions, and a straightforward resale. The obvious choice for personal use or a second home.
A Spanish SL or patrimonial: instead of IRPF of up to 47 %, the 25 % corporate income tax applies here, which pays off above all for large estates or portfolios. You can deduct a broad range of business expenses — but note: there is no ITP advantage (ITP = transfer tax), and a sale followed by a distribution risks economic double taxation.
A foreign company: here barely any advantage remains. The UBO register (ultimate beneficial owner) and automatic exchange of information ensure transparency, and where the company is seated in a tax haven, an annual 3 % gravamen especial (GEBI, special levy) applies to the cadastral value (Modelo 213).
🟡 Art. 314 LMV (selling the shares instead of the property): exempt from ITP only where there is no intention to avoid tax. This anti-abuse rule applies as soon as control is acquired through a property-heavy company — a point you should always have reviewed in any share deal.

Sources (selection)#

Ley 18/2022 ("Crea y Crece") · Ley 7/2024 (IS rates) · Art. 9 & 93 Ley IRPF (residency/Beckham)
AEAT (Modelos 200/210/303/213) · GEBI (Modelo 213)

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