Author:
Olga Galindo.
RETA or RGSS: under which regime must a working partner or administrator contribute?
If you are a working partner or administrator of a commercial company, choosing between the Special Regime for Self-Employed Workers (RETA) and the General Social Security Regime (RGSS) is not just a matter of formality. Making the wrong choice can lead to fines, legal disputes or labor inspections that can seriously affect your business. Do you know which regime you should be registered in?
In this article we help you understand the key criteria to avoid problems with Social Security and ensure regulatory compliance.
When does registration in RETA correspond?
You must register with the RETA if:
- You effectively control the company. This occurs if you own at least 50% of the capital stock, either directly or by adding the shares of direct family members with whom you live.
- You exercise leadership or management functions. These include making strategic decisions, hiring personnel or organizing business activities.
Example: If you own 25% of the share capital and you are also a manager, you must contribute as self-employed.
And when does registration in the RGSS correspond?
You must be in the General Regime if you do not have effective control of the company. This applies when:
- Your participation is less than 25%.
- Your duties are not managerial or managerial.
In addition, if you are an administrator without effective control but you exercise management functions, you will be in the RGSS as assimilated, enjoying the coverage of benefits of the General Regime, but excluding unemployment and FOGASA.
Example: A partner with a 20% shareholding who performs technical tasks in the company will be considered an employee.
Keys to avoid inspections and sanctions
- Clearly define your functions. Labor inspections analyze the reality of the job, beyond the position that appears in the bylaws.
- Check the family shares. Even if you do not directly own 50% of the capital stock, you could reach it by adding the shares of the family members with whom you live and with whom you are related by marriage, consanguinity, affinity or adoption up to the second degree (inclusive).
- Trust in specialized advice. At Cigarrán Abogados we not only offer you personalized legal advice to guarantee your correct registration in the Social Security regime, but we also use specialized tools to manage registrations and cancellations in RETA or RGSS. We work with Sage and Holded in a synchronized way.
How can a digital labor partner help you?
At Cigarrán Abogados, we integrate our labor advisory services with platforms such as Sage and Holded to simplify the management of payroll and contributions. With our support, you will minimize legal risks and reduce the administrative burden.
Conclusion
The right choice between RETA and RGSS not only ensures compliance with labor regulations, but also protects the partners and the company against possible sanctions and legal conflicts. At Cigarrán Abogados, we work so that each decision is supported by an exhaustive analysis of your situation and an efficient management.
Contact us! At Cigarrán Abogados we help you make the right decisions and automate your labor management with tools such as Sage and Holded.
¿Do you need help? At Cigarrán Abogados we can help you (+34) 91.355.85.15
