Self-employed and limited company, in a table
| Autónomo (self-employed) | Sociedad limitada (SL) | |
|---|---|---|
| What it is | An individual working on their own account. | A company with its own legal personality, closest to a private limited company. |
| Capital | There is no minimum capital. | The shareholders contribute it. |
| Liability | Unlimited: you answer with all your assets. | Towards third parties, limited to what was contributed. It does not stop you guaranteeing a debt personally. |
| Tax on profits | IRPF (personal income tax). | Corporate tax (Impuesto sobre Sociedades). |
| How it is set up | Registration with the tax office and Social Security. | Public deed before a notary and entry in the commercial register. |
Sources: sole trader and limited company, from the Dirección General de Industria y de la PYME.
If you work as self-employed
- Tax registration with the Agencia Tributaria using form 036, before the activity starts Agencia Tributaria.
- Registration in the RETA scheme of Social Security, online (with a certificate, electronic ID or Cl@ve, as an individual) or on paper with form TA0521 Seguridad Social.
- Business licences: they depend on the autonomous community and the municipality.
Since 2023 the contribution has been calculated on net earnings. The bases and bands change, so look them up with Social Security, not in a guide.
If you set up a limited company
It is set up by public deed before a notary and entered in the provincial commercial register. Before the notary you must show that the money contributed is deposited in the company’s name Dirección General de Industria y de la PYME. For the articles of association and the deed, it helps to have a notary, plus a lawyer or a gestoría to prepare them.
Questions to settle with a professional
- Will I work alone or with partners?
- Which part of my assets do I want to keep separate from the business?
- How much will I invoice, and what will my costs be? Each legal form has different accounting and filing duties.
- Do I also have income or assets in another country? Ask whether the professional has experience with international situations.
Gestoría or tax adviser (asesoría fiscal)
The two words are used almost interchangeably, but they are not quite the same.
| Gestoría | Asesoría fiscal | |
|---|---|---|
| What it is | The office of an administrative agent (gestor administrativo), a profession with its own professional bodies: entry is by aptitude test or master’s degree, and members must register and hold professional indemnity insurance national council of gestores. | A tax advice service. The name does not indicate a qualification: behind it may be a gestor, a lawyer, an economist or another professional. |
| What it usually does | Handles registrations and cancellations, files tax returns and deals with the tax office, Social Security and other bodies. | Advises on how you should be taxed, helps with tax planning and answers tax questions; often it also keeps the books. |
| What to ask | Their membership number and their insurance policy. | Their qualification and their professional body. |
As a rough guide: if you simply need someone to file the papers and handle the formalities, a gestoría is usually enough. If you need to decide how to be taxed, or your situation is unusual, ask for an adviser with a qualification and experience in your case; and for a legal dispute, a lawyer (the profession’s statute makes clear that the gestor does not give the legal advice reserved to lawyers).
How to choose
- Ask for their qualification and membership number, and check it: how to do it.
- Ask who signs and who files each document.
- Get the fees and what they include in writing.
- Ask which languages they work in.
- Remember that Atalaya Balear’s verification confirms details, not quality: how we check.
Professionals in the directory
Categories related to this guide:
Tax and administrative advisersLawyersNotaries
Sources and date checked
Official sources checked on 24 October 2026. Procedures, requirements and amounts change: always check the source before you act.
- Dirección General de Industria y de la PYME: Sole trader: setting up and starting
- Dirección General de Industria y de la PYME: Limited company: setting up and starting
- Agencia Tributaria: Form 036, census declaration for registration, changes and deregistration
- Seguridad Social: Registering as self-employed
- BOE: Decree 424/1963, statute of the administrative agent profession
- Consejo General de Colegios de Gestores Administrativos: About the national council
General information. It does not replace the advice of a professional.