Frequently asked
The questions asked in the first half hour
Customs, documents, VAT, contracts and timing. Where we do not know the answer, we say so.
Do I need to set up a company in Spain to sell there?
Not when you sell through a commercial agent. You invoice from Turkey, you ship the goods, and the agent works in your name. The need for a company usually appears when stock holding, local assembly or direct retail sales come into play. When you reach that point, we set it up with you.
Do I pay customs duty on goods I sell to Spain?
Not on industrial products. The Customs Union between Turkey and the European Union has removed customs duties and quantitative restrictions on industrial goods since 31 December 1995, and the A.TR movement certificate evidences that free circulation. Agricultural and fisheries products, along with coal and steel, fall under separate regimes.
Is a certificate I obtain for Spain valid in the other EU countries?
For products covered by harmonised rules, yes. In building materials, CE marking and a Declaration of Performance allow the product to be placed on the market in twenty seven member states. For automotive parts subject to type-approval, a UN/ECE approval is treated as equivalent under Union legislation. Scope still has to be checked for each product line.
Will the representative's invoice carry Spanish VAT?
As a rule, no. In the European Union a business to business service is treated as supplied where the customer is established, so Spanish VAT is not added to an agency invoice issued to a company established in Turkey. A reverse charge VAT declaration may arise on the Turkish side, and it is normally deducted in the same period, making it a cash flow item rather than a permanent cost. Confirm the final position with your tax adviser.
How many months until I see a first order?
It varies by sector and by product, and quoting a single number would be wrong. The first ninety days are for screening and contact, and the first order usually lands after that period. Do not work with a representative who promises you an order within a month.
Who owns the customer list?
You do. The target list and the meeting records belong to you and stay with you if the engagement ends. This is written into the contract.
Will you also work with another Turkish firm in my sector?
Not within the same product group. One manufacturer is represented, and this is written into the contract. Working across different product groups is an advantage for both sides, because it opens more than one door to the same buyer.
I do not speak Spanish. How does communication work?
Turkish with you, Spanish with the buyer. Meeting notes and the monthly report are prepared in Turkish. A Turkish version of every written offer and contract is always provided.
If goods arrive late, short or defective, is the representative liable?
No. Article 1 of the Spanish Law on Agency Contracts states that the agent is an independent intermediary and, unless agreed otherwise in writing, does not assume the commercial risk of the transactions it intermediates. The goods stay in the manufacturer's ownership, the manufacturer issues the invoice, and no stock is held. The product's conformity, safety, delivery time, quantity and defects are the manufacturer's responsibility. The risk of the buyer failing to pay sits with the manufacturer in the same way. The Law allows that risk to pass to the agent only under a written agreement that also states the commission for it separately, and any other such agreement is void. No agreement of that kind is made in this service.
How does the contract end, and is there a cost on termination?
In Spain the agency relationship is governed by Law 12/1992, which also sets out the parties' rights and obligations on termination. Goodwill indemnity is one of them, and its conditions and ceiling are written into the Law. It is an item calculated when the contract is drafted and discussed at the outset alongside duration, territory and product scope. Settling the surprise in the first conversation rather than at the signing table is cheaper for both sides.
Do I need a representative established in the EU to sell my product there?
If your product is in scope, yes. Article 4 of Regulation (EU) 2019/1020 states that a product within its scope may be placed on the market only where a responsible economic operator is established in the Union, and the rule has applied since 16 July 2021. Construction products, machinery, electrical equipment and many other groups are in scope; parts subject to vehicle type-approval are not on that list. If your Spanish importer takes the role, no separate representative is needed. If it does not, you need to work with a specialist and insured authorised representative structure. Commercial representation and legal representation are separate jobs and carry separate liability.
The Spanish distributor wants next day delivery. How does that work?
First orders open with small consignments and the distributor's own stock. Once volume settles, three options separate: the distributor holds consignment stock, you work with a local warehouse, or you build your own structure in Spain. That decision is taken after real demand is visible, not at the start of the engagement.
I already sell to Germany. What does Spain add?
If you are already inside the Union you are using the customs and documentation advantage, so that argument tells you nothing new. Spain differs in the shape of its channel: few doors, all of them named, purchasing groups that decide, and competition less crowded than in northern Europe. On top of that, 61.8 percent of Spain's 2025 goods exports go to the Union, so the distributor you win can also push open the Portuguese and French doors.
How is the contract set up?
In Spain the agency relationship is governed by Law 12/1992. Duration, territory, product scope, remuneration and termination conditions are written at the outset. A Spanish commercial lawyer drafts the text and you receive a Turkish version. The contract grants no authority to sign contracts in the manufacturer's name, only authority to promote and to negotiate.
Who signs the contract with the buyer?
You do. The representative runs the meeting, negotiates the terms and brings you a file ready for signature, and takes no authority to sign on your behalf. This is not a procedural preference, it is tax protection. Article 5 of the Double Taxation Agreement between Turkey and Spain provides that an agent who habitually concludes contracts in the manufacturer's name can create a permanent establishment for that manufacturer in Spain. A permanent establishment means corporate tax liability in Spain. As long as the signature stays with you, that risk does not arise.
What commission rate do commercial agents charge in Spain?
There is no published commission table for commercial agents in Spain, and that is not an oversight, it is the law. Article 14 of Ley 2/1974, as amended by Ley 25/2009, bars professional colleges from publishing fee scales or recommended rates. The agent colleges, the only bodies that would naturally publish such a table, therefore publish no rate at all. Even the model agency contract issued by ICEX, the Spanish export agency, leaves the percentage blank. Anyone quoting you a standard Spanish rate is quoting something that does not exist. Two things actually set the number: whether the territory is exclusive, and whether you want an agent or a distributor.
What changes if I grant an exclusive territory?
Article 12 of Law 12/1992 gives an exclusive agent the right to commission on every transaction concluded with a customer in that territory, even where the agent took no part in it. Exclusivity widens the base the percentage applies to rather than the percentage itself. An exclusive four percent and a non-exclusive seven percent can cost the same money. Settle the base first, then argue about the rate.
Do you handle incorporation and residence permits as well?
Not directly. That work runs with legal and tax partners who specialise in it. When the need arises the process is designed and coordinated, and you deal with one counterpart throughout. For most manufacturers the need does not arise in the first year.
Let us talk about where to start in Spain
Tell us your product group and which countries you sell to today. We will work out together which channel sells it in Spain, who does the buying and which documents get asked for.