Generally, in order to carry out activities on your own in Spain, you need to apply for registration as autonomous. But on some occasions, when you receive an amount in a timely manner or in a small amount, doubts may arise as to whether it is necessary to register with Social Security and when it is better to do so.
If you have any questions about this matter, Drise advisors We have specialists in this area, so that you register as a freelancer at the right time and know exactly the benefits that this whole process offers you.
When is it recommended to register as self-employed?
One of the aspects that generates the most questions is knowing if it is necessary to register as self-employed or not. Taking into account the provisions of the Social Security, you must register whenever you carry out any economic activity on your own account.
According to the legislation, all self-employed workers who habitually carry out and directly a lucrative economic activity, without the existence of any employment contract.
This is established by Decree 2530/1970, of August 20, which establishes in its article 2 the following:
For the purposes of this special regime, self-employed or self-employed workers will be understood as those who carry out usual, personal y direct an economic activity for profit without subjecting it to a work contract and even if it uses the paid service of other people.
The regularity for workers who are engaged in seasonal work will be referred to the normal duration of this.
It will be presumed, unless there is evidence to the contrary, that the interested party is self-employed or self-employed, for the purposes of this Special Scheme, if he or she owns an establishment open to the public.
However, Social Security has not specified these concepts (usual, personal y direct), but if the sentences adopted by the Courts. These sentences have determined that it is not necessary to register with Social Security when these two circumstances occur:
- Income does not exceed the minimum interprofessional salary (€13.300 per year).
- The activity is not recurrent in time, that is, it is not carried out periodically but sporadically.
Even so, there are exceptions: if you have a retail establishment, a professional office, a blog with banners and/or charges for text links, or an online store, Social Security establishes that you must register.
Deadline to register with Social Security?
You must sign up for the Special Scheme for Social Security Workers (RETA) within a period of 60 days before starting the activity on their own, said period is determined by registration with the Treasury. Keep in mind that, according to the provisions of the updated procedure, you will only begin to contribute from the date of approval of registration with the Treasury.
Is it mandatory to register as self-employed in Social Security if I have low income?
If you have doubts about whether to register as self-employed or not, because you consider that your self-employment income will be too low, It is necessary that you know that this is not a reason that indicates obligation before Social Security, but all the nuances and exceptions must be taken into account. Only those who are going to carry out an activity on their own account on a regular basis are obliged to register as self-employed.
As for the Treasury, this body is only responsible for ensuring that you declare all your income correctly, and therefore if it forces you to register in order to generate your invoices.
Understanding these nuances well and transferring them to the personal circumstances of each individual is a somewhat complex procedure and in which time must be invested to be able to solve all the unknowns that accompany it. In Drisar Advisors We can help you and guide you if you are thinking of making the decision to carry out an activity on your own.
Do you have more questions or do you have more doubts, do not hesitate and contact us We will give you all the guidelines to follow.
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