Sharon B

This matter has been at the back of my mind for a while and for peace of mind I thought typing it on here might make me feel better. So here goes, how can I be certain that my gestor is fulfilling his obligation for me and my business? This is my second gestor (yes, highly recommended again!!) and although my Spanish is not brilliant we do understand each other most of the time. But whereas in the UK I can safely say the accountant did his job very well how can I be sure in this case?

I have spoken to local Spanish business owners but they tend to keep these things very close to their chests and the Brits I know around here don't need the services of an gestor . Its just that I have had my fingers burnt once and the fact that I am paying for said services and other taxes does not automatically lead to a peace of mind.

Does anyone know what his total obligation should entail? So I could check if they have been carried out.

spain

dont know about their legal obligation but after using 4 different gestors in Spain my advice would be to make sure they tell you exactly everything you are allowed to claim for .....the difference can save you literally thousands !!! which we found out to our expense

littlelambfound

Hello Sharon,
I think the short answer is that you can't ever know. To me, Gestors are practitioners of the dark arts and really shouldn't be needed in this day and age. Because both local and regional government is so corrupt with both time and money, Gestors make a kind of parasitic link between you and them, with the promise to smooth the way forwards. They appear to be unable to do anything "legal", in that a lawyer still needs to be present for the all important signing of stuffs. The fact that they allow "black money" to change hands in their offices says it all. As you might of guessed, they (and Noteries) are not at the top of my loving list.

spain

you will need a gestor to do your books if you are in business though ?????......unless you do them yourself

littlelambfound

Yes....but....he doesn't actually do them. He farms them out. An accountant can do your books for you. And sign them off. He can do neither. But he takes his "commission" for the referral.

spain

strange, our gestor does ours I am sure

littlelambfound

You are correct in that there some Gestors who can do accounts, and some who are lawyers. But most are glorified ex civil servants who have a good book of contacts and keep the wheels oiled.

Veleta

I don't know what Sharon B's business is, but my guess is that she is either autonoma or SL...both well within the capabilities a one-man-band style gestor. No need to farm the work out to a contable.

With regards to the extent of the gestor's responsibilities, something tells me that the onus is on you to tell the gestor what is required of him....ie, "please just do my RENTA and nothing else", or "please do my 130, 300, PADRE and RENTA". I suspect that the gestor's obligations only goes as far as what you have asked him to do.

Sharon B

Yes, I am autonoma. But the new gestor has advised me to make payments which have not been requested before and I have been in the same business for a good few years. He says it is a legal requirement and the problem I find is that as the gestor has my bank details he has requested a company to take the money straight from my account. I just wonder if he is on a commission sometimes with these companies. Like I said before because I trusted my first gestor and just took his word, (which got me into a lot of bother) maybe I am just suspicious now.

PS I was told by another upset ex client that people train as gestors when they are not good enough to be lawyers

Veleta

Ha! It wouldn't surprise me that a gestor is a failed something else!

What are these payments that you are being told to make? Perhaps someone here knows if they really are a legal requirement or not.

Sharon B

Veleta, it is for "Servicio de Prevencion de Riesgos Laborales". Where I have to pay for a medical every year for my employees, have the premises checked out (which is the same process which was required for my business license anyway ie fire hazards, extinguishers, first aid kits etc) but this will be a yearly cost (haven't got the factura with me but was between 450-600€ I think). Problem is that first gestor never requested this (so was I not covered legally?) and if this is required how do I know that my gestor has my interests at heart when he suggests the company which I have to make payments to?

SueG

Can't wait to tell my boss that one

Veleta

I don't have business premises so I don't know anything about the Health and Safety at Work laws, but no doubt there are others here that have premises and should know.

One thing confuses me though....you said that you were autonoma, but also refer to your employees. Do they have work contracts with you, or are they also autonomos?

jdr

Private health and safety check for the employees, surely should be council run if it was needed ?

Sharon B

I have work contracts for the employees but you would think that doing everything legally should make things easier but it seems to be one thing after another.