In fine business Consulting we can offer you a personalizedconsultancy for any type of business transfer. Our experts willaccompany you throughout the process to perform the operation without leaving loose ends.
In many cases transfers are usually done without theconsent of the owner… Although it is something totally legal it can bring somedifficulties. There is mainly a danger that the landlord mayconsider the opportunity to raise your rent. That is why it isimportant to make previous agreements.
Do not forget, nor that as a new activity despite a transfer,you must go to the city Council. You will need the license toopen the premises and register as self-employed…
As we have mentioned, business transfers entail the transfer of the lease of the premises or business. But also of tangible and intangible commercial assets such as the brand, goodwill, customers…. We explain and help you to carry out the key procedures for these types of operation
Type of business transfer
You should know that the business transfer is not regulated in any specific legislation, so we have to go to different laws. Something that can make the operation difficult in some cases. Here are three common and main options you need to review.
- Transfer of business with local cession. The art 32 of urban leasing law should be consulted. It regulates the transfer of the lease contract.
- Transfer with sale of the business patrimony. In addition to including the transfer of the premises by lease or sale, a series of assets are also acquired. For example, machinery, furniture, clientele, goodwill or even facilities.
- Transfer as a company sale. In this case a legal transmission of the company is produced through the acquisition of shares. It also includes the two options above, but does not require just change and may seem easier. Although it is the most dangerous option because it produces a total subrogation of the business.
Procedures in a business transfer
You can see this operation can be more complex than it may seem at first. Especially in cases where there are transmissions of rights of a different nature. Don’t worry we can help you by analysing all possible options. We always do a thorough planning to ensure that this delicate operation is done completely legally. We will draft the clauses for which commercial purchase-sale contract offers the maximum guarantees for both parties.
In Afina Business Consulting know that properly performing the business transfer process is vital to start the business activity you both want on the right foot. Or if on the contrary, what you want is to finally achieve a quiet retirement. We advise you that in addition to the price that is what most often matters, review well a number of very important issues to avoid possible future problems.
For example, it is good to know the taxes that you will have to pay in advance. Make a real and previous valuation of the business, complete the different procedures and above all make sure that the contract of transfer is made in a detailed and accurate way
The transfer contract
Properly performing the business transfer contract is essential to start any business on a good footing. Our experts will be in charge of preparing it in a detailed and adapted way to your needs. We will also be in charge of verifying the status of the business you are acquiring. It is important to check that there are no possible debts with the Treasury, check the client’s portfolio, the patrimonial situation… Remember that the transfer contract must accurately reflect all the conditions of economic exploitation that will be found in the new holder. Including a previous study on future profitability. Without a doubt, if irregularities are detected or there is incomplete information the negotiation of the business transfer can be slowed down. Need counselling?
Previous studies and analyses
It is very important to do a preliminary and deep study if you need to buy a business or make a transfer. Our expert lawyers will check that all permits and licences are up to date. But also we will carry out an analysis of the state the company that you want to buy or sell. It is important to check the state of the machinery, the premises, the situation of the workers, possible debts… In addition to carrying out the economic study, we will detail all tax obligations generated by the transfer and the futures that must be addressed once the business is started.
The Business Transfer Consultancy Services
- We checked the bills. We will take care of offering you the best plan for your business. For this we calculate the expenses of transfer, the different investments necessary, the monthly expenses and the profits.
- Information gathering. We collect the main characteristics of the business and its possible evolution.
- Valuation of the transfer. We will help you negotiate the price in line with the state and benefits of the business.
- We analyse even the responsibilities with the workers and detect possible debts with the Treasury or the Social security.
- It helps to choose the type of transfer. We will help you to choose the most appropriate transfer depending on your profile and possibilities of the business you want to purchase. We can find some more profitable alternatives.
- Contract check. We check rental contracts, supplies, franchise… For example, it is important to check the time that is left to the rental contract to avoid surprises before possible rises.
Taxes on Business transfer
In Afine Business Consulting, you have the legal and fiscal support you need to formalize the transfer between the parties and the payment of taxes on any type of transfer. Business transfers are not subject to VAT or property transfer taxes in cases where the entire business is not transferred. That is why we always say that the tenant who gives up the business can issue an invoice without VAT. Only 21% VAT should be included in the invoice issued by the landlord to the tenant who leaves the premises. On the other hand, taxation in income tax should be declared as a wealth gain and not as a yield.
If, you need to clarify any questions you can contact us. Our tax experts will help you solve any question or situation. We always advise you to be well documented on the legal and tax aspects of this type of operations. And besides weighing the different options. Remember that depending on how you make the transfer contract will pay more or less taxes.
More Business transfer Counseling services
- Works licence procedures, necessary to make reforms.
- Formalization of the subrogation of workers.
- Communication for the transfer of owners.
- Consulting for business mergers
- Business restructuring: Risk and efficiency analysis
- Arbitration services to resolve extrajudicial disputes
- Consulting in venture capital operations
- Business Consulting in Barcelona
- Corporate tax accounting
- Advice on shareholder agreements
- Consulting and management of responsibility of partners in a limited company
- Consulting for companies with foreign partners
- Data protection Consultancy, RGPD 2018
- How to claim the income tax maternity or paternity?
- Business Transfer Consultancy
- Consultancy services to setup a mercantile
- Advice to the individual entrepreneur
- Fiscal Analysis of new operations
- How to set up a company abroad?
- Services of transmission clauses mortis
- Advice on the partners ‘ pact
- Consultancy services of participatory loan
- Rewiew income tax returns