Economy and Business Votes

Legal Requirements
When an employer decides to terminate their business, one possibility is the sale or transfer of the company. Thus, economically recover the investment and effort, keep economic activity and jobs, and the person buying a profitable business will become fully operational.

Sale and transfer of businesses
Member states have begun to transpose into their national law the recommendations of the European Commission to encourage the sale and transfer of businesses. In Spain, has been reduced to a the minimum number of partners to create a corporation, has been cut inheritance tax for transfers of family businesses and have taken action against fraud in the transfer of businesses.

Terms of sale and / or transfer of business
When an entrepreneur decides to sell or lease your company can benefit from one of the modalities offered by the Spanish legal framework.

If the employer wishes to give your business for free may do so by gift or inheritance. In both cases only apply VAT and inheritance and gift tax if the recipient of the company continues the activity of the same.

If the entrepreneur decides to sell his company, may do so through any of the following ways:

Sale of assets and goodwill through a purchase agreement by which the employer sells all or part of your business in the first case (total sales) would apply transfer tax (ITP) and the second VAT.
Transfer of business premises : in this case is transmitted only the lease of the business.
Leasing industry : is the transmission for a specified period of the entire local business and where, in exchange for payments under a lease.

Sale of shares : when a corporation decides to sell all or part of its shares or shares, to be done by public deed before a notary and is subject to ITP.
Community Property : similar to selling shares, but applicable only to community property, not a corporation. They also have to pay ITP but the deed is only required if transmitted real estate.

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