Hire talent from Latin America without opening a subsidiary
You can work with professionals in Colombia, Mexico, Argentina or Peru without creating a permanent establishment there. We tell you which set-up fits each case, how invoicing works, which withholdings apply and when it pays off to bring them to Spain on a visa.
If you're an extranjeriaclara.com client, you get €30 off: you pay €45 + VAT.
What's included?
Contractor agreement with a self-employed professional
The usual route: the professional invoices from their country as an independent contractor. We check the relationship is not a disguised employment one, which is the real risk.
Invoicing from LATAM to your Spanish company
A service supplied by a professional not established in the EU normally carries no Spanish VAT; your company self-assesses it under the reverse charge (form 303, and 349 where it applies).
Non-resident income tax withholding (forms 216 and 296)
Depending on the type of service and the treaty with their country, there may be withholding in Spain. We work out whether it applies and file the quarterly 216 and the annual 296 summary.
Double-tax treaty
Spain has treaties with Colombia, Mexico, Argentina, Peru, Ecuador and Chile. Applied properly, the professional does not pay twice and you avoid over-withholding.
Permanent establishment risk
Hiring someone who signs contracts on your behalf or runs operations there can create a permanent establishment. We review the fit beforehand, not after an audit.
Alternative: bring them to Spain
If you want them as your employee, extranjeriaclara.com handles the visa (highly qualified professional or digital nomad) and we handle the social security registration and payroll.
Frequently asked questions
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If you're an extranjeriaclara.com client, you get €30 off: you pay €45 + VAT.