The non-profit organisations are subject to a special tax regime set forth in law 42/2002 and the development regulations number 1270/2003.
The 6 most important non-profit organisations are:
1) Non-profit foundations.
2) Public utility associations.
3) Non-governmental development organisations under the legal form of a foundation or association.
4) Delegations of foreign foundations.
5) Spanish sports associations.
6) The Spanish Olympic and Spanish Paralympic Committee.
Other Spanish entities that are subject to the special tax regime for non-profit associations are as follows:
The Spanish Red Cross and ONCE (Spanish organisation of Spanish blind people)
“La Obra Pía de los Santos Lugares”
Charity institutions set out in the law regarding social housing services.
Remuneration of the Directors.
It is important to mention that the position of representatives or members of the Board of Directors need to be carried out without remuneration. This is one of the requirements so that an association can be considered as a non-profit organisation.
Requirements to be considered as a non-profit organisation in Spain.
1) That the association is registered in the corresponding Registry. That is to say: foundations at the Foundations Registry and national associations at the Registry for Associations.
2) To comply with the accounting regulations.
3) Accountability towards the public institutions in charge of the corresponding registration.
4) To obtain the economic statement.
When does a non-profit association cease to exist in Spain?
In essence, when one of the above requirements is not fulfilled any more. This leads to the fact that all taxes, company taxes, transfer taxes and stamp duties must be paid.
Should you have any tax-related, accounting and legal questions, do not hesitate to contact one of our lawyers and fiscal advisors at our law firm in Marbella, Arcos & Lamers Asociados. We are at your disposal at our office situated in Marbella, the heart of the Costa del Sol.
María Teresa Arcos, lawyer in Marbella.
Wim Lamers, accountant (economist) in Marbella.
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