Have planned traspasar or purchase a business?
Inform you on your Responsibility in front of Property and Social Security
If you are thinking to buy or traspasar a business, suits you know the fiscal implications and of Social Security that this comports. Purchase a business no only involves to assume the operation and the active, but also the possible debts and responsibilities with Property and the Social Security. Here we explain you the key appearances that have to consider for a transition without hang-ups.
Fiscal implications in the Traspaso of a Business
One of the main worries that will arise you when purchasing a business is the possible existence of fiscal debts. According to the Spanish legislation, the new owner can see obliged to assume the fiscal debts that the business have accrued before the traspaso. This includes imposed no paid like the VAT, the Tax of Societies or the income tax of the employees.
To avert unpleasant surprises, will have to make an exhaustive fiscal audit before closing the deal. This audit has to revise the last fiscal years of the business to identify any pending debt. Besides, it is recommended to include a clause in the agreement of compraventa that stipulate who will do charge of possible debts no declared.
Responsibilities with the Social Security
To the equal that with Property, the Social Security can demand you (if you are the new owner) the payment of cotizaciones no credited by the ancient owner. This includes the quotas of autonomous and the cotizaciones of the employees. It thinks that being the new owner, can be responsible solidario of these debts, what means that you could be required to pay in case that the ancient owner do not do it.
To protect you, have to request a certificate to be abreast of payment of the obligations with the Social Security before the acquisition. This document accredits that the business does not have pending debts in the moment of the compraventa.
The Importance of the Owed Diligence
The owed diligence is a process of investigation and analysis that allows to the buyer evaluate all the appearances of the business before formalising the purchase. This process no only includes the review of financial states and agreements, but also the fiscal situation and of social security of the business.
In this process is vital that can have professional. A squad of fiscal and labour aides can identify unseen risks and negotiate terms that protect you in front of possible contingencies. Besides, they can help you to structure the compraventa so that you minimise the responsibilities purchased. You do not doubt in consulting to Gestoría Rivero.
Which steps have to follow for a transition without risks?
In Gestoría Rivero, our squad of experts in fiscal subjects is ready to help you to maximizar these profits and advise you in each step of the process. Contact us and discovers how can lean you!
Fiscal implications in the Traspaso of a Business
One of the main worries that will arise you when purchasing a business is the possible existence of fiscal debts. According to the Spanish legislation, the new owner can see obliged to assume the fiscal debts that the business have accrued before the traspaso. This includes imposed no paid like the VAT, the Tax of Societies or the income tax of the employees.
To avert unpleasant surprises, will have to make an exhaustive fiscal audit before closing the deal. This audit has to revise the last fiscal years of the business to identify any pending debt. Besides, it is recommended to include a clause in the agreement of compraventa that stipulate who will do charge of possible debts no declared.
Responsibilities with the Social Security
To the equal that with Property, the Social Security can demand you (if you are the new owner) the payment of cotizaciones no credited by the ancient owner. This includes the quotas of autonomous and the cotizaciones of the employees. It thinks that being the new owner, can be responsible solidario of these debts, what means that you could be required to pay in case that the ancient owner do not do it.
To protect you, have to request a certificate to be abreast of payment of the obligations with the Social Security before the acquisition. This document accredits that the business does not have pending debts in the moment of the compraventa.
The Importance of the Owed Diligence
The owed diligence is a process of investigation and analysis that allows to the buyer evaluate all the appearances of the business before formalising the purchase. This process no only includes the review of financial states and agreements, but also the fiscal situation and of social security of the business.
In this process is vital that can have professional. A squad of fiscal and labour aides can identify unseen risks and negotiate terms that protect you in front of possible contingencies. Besides, they can help you to structure the compraventa so that you minimise the responsibilities purchased. You do not doubt in consulting to Gestoría Rivero.
Which steps have to follow for a transition without risks?
- Fiscal and Labour audit: it Makes an audit detailed of the fiscal obligations and of social security of the business.
- Certificates of Situation: it Requests certified that they accredit the state of the debts with Property and Social Security.
- Contractual clauses: it Includes clauses in the agreement that protect you in front of debts no declared.
- Professional consultancy: it Has a squad of experts that guide you in each step of the process.
In Gestoría Rivero, our squad of experts in fiscal subjects is ready to help you to maximizar these profits and advise you in each step of the process. Contact us and discovers how can lean you!
