It is common for non-residents to be designated as directors when setting up a company in Spain. This situation is entirely normal and, in these cases, the fact that the director does not reside in Spain means that they are not required to register with the Spanish Social Security system. The only formal obligation falls on the company itself, which must register with the Spanish Tax Agency (Hacienda) and comply with its tax obligations..
However, the situation changes when the director becomes a resident in Spain. In that case, the director must register with the Special Regime for Self-Employed Workers (RETA), specifically under the “autónomo societario” category, starting from the date on which they acquire Spanish residency. This obligation applies regardless of the type of administrative role the person holds: sole administrator, joint administrator, or co-administrator.
It is very important to inform your advisor of any change in residency. The reason is that if you fail to register at the right time (or do so late), you may lose the right to benefit from the flat rate for self-employed workers.
This flat rate allows you to pay a reduced monthly contribution of approximately €90 during the first 12 months (extendable in some cases up to 24 months), instead of the general minimum contribution of around €275 per month.
Isabel Riquelme