Spain to India: questions Spanish companies ask

Spanish infrastructure companies sometimes start with a project office for a specific contract, then incorporate a subsidiary as their pipeline grows.

Spanish parents provide a Mercantile Registry certificate, the estatutos and a board resolution. Signature calls fit a Spanish morning.

Spain and India are both apostille countries; private documents are notarised first. Sworn English translation is needed, and names and NIE or DNI numbers must match everywhere.

Spanish groups usually choose between relocating a Spanish executive, an Indian managing director or a professional resident director.

Spanish-side costs cover notarisation, apostille and sworn translation.

Spanish documents usually take two to four weeks; the bank account is often the longest Indian step.

On the Spanish side, Form D-5A is due within one month of an investment of 10% or more.

Spanish accounting valuations are separate from the FEMA certificate.

The India–Spain treaty sets 15% on dividends and interest. Royalties and technical fees are taxed at 10% through the most-favoured-nation clause, which should be cited when the lower rate is claimed.

Spain's participation exemption can exempt qualifying dividends, so Indian withholding is often the main cost.

Keep the Indian Form 3CEB file aligned with the Spanish related-party documentation.

Construction and assembly projects over six months create a PE, which matters for Spanish contractors.

Form D-5A on investment, Form D-8 annually where thresholds are met, and participation exemption conditions on dividends.

The Spanish D-8 report falls within seven months of year end, alongside the Spanish corporate tax return.

Spanish employment terms do not carry over; Indian contracts follow the labour codes.

No India–Spain social security agreement is in operation, so Spanish staff generally contribute to Indian provident fund. Spain exempts income from work abroad up to EUR 60,100 a year if its conditions are met.

Spanish secondees should check the Spanish exemption for work abroad before the move.

Transfers from Spain need SCCs and a transfer impact assessment; the AEPD supervises the Spanish side.

Spanish groups often choose arbitration seated in Madrid, Paris, London or Singapore. Spanish criminal law rewards effective compliance programmes.

The EU–India agreement is concluded but not in force, so do not price projects on tariff cuts yet.

Spanish groups more often use India for engineering and project support than for large captive centres.

File Form D-5B in Spain on a disposal, and plan the Indian withholding on any gain.