One of the main services we offer at Ibercenter is for companies to use our address as a fiscal, social and/or commercial domicile. However, what are their differences?
What is tax domicile?
The tax domicile “is the place where the taxpayer is located in his relations with the Tax Administration”, as defined by the Tax Agency. Therefore, notifications from the Tax Agency will be sent to that address.
In this way, the tax domicile varies according to the following:
- For Individuals, it is the habitual residence.
- For Individuals who carry out an economic activity (such as the self-employed), it can be the place where they carry out that activity.
- For Legal Persons it usually coincides with the registered office, although it does not have to be that way.
To change the tax domicile, you must inform the Tax Agency, although this body can carry out the relevant investigations.
What is the registered office?
The registered office is the place where the main management and administration of a company or its main establishment is located. It is governed by the Capital Companies Act.
- Commercial companies must have a registered office. The self-employed do not have to have it.
- It appears publicly in the Mercantile Registry.
- It must be contemplated in the Articles of Association of the company.
To change the registered office, an agreement of the General Meeting of partners is necessary and it is modified in the bylaws.
However, the company’s administration may modify the registered office, as long as it is within the national territory and the bylaws allow it.
Business address?
The business address is the physical address you want to show to the public, i.e. the place where customers or suppliers could go and the postal address of your company.
Differences between tax and social domicile (Infographic)
The main doubts always arise around the tax and social domicile of a company. Their main differences are:
- The tax address is the place where notifications are received from the Tax Agency and the one that must appear on your invoices. The registered office is the main place of administration and management of a company.
- Tax domicile is mandatory for natural and legal persons. The registered office is mandatory for commercial companies.
- The tax headquarters is regulated in the General Tax Law. The registered office in the Capital Companies Act.
- The tax headquarters are private while the registered office is public and is included in the Mercantile Registry.
- The registered office is modified by agreement of the partners or administrators; the tax through form 036, with which the Tax Agency is informed.
In addition to our office rental service in Bernabéu, you can also domicile your company in that location, so that your business looks like no other.