Do You Need a Gestor?
It’s a bird! It’s a plane! It’s a gestor!
There are some words in the Spanish (or Catalan) language that don’t have a direct translation into English. One of these words is gestor. What is a gestor, exactly?
And how do you know if you need one?
If you plan to stay in Spain any longer than the three months you’re allotted on a standard tourist visa, it’s a good idea to consult with a professional to make sure your papers and your financial affairs are in order. There are four different layers of government here—city, province, autonomous region, and country—all of which come with their own red tape, paperwork and bureaucratic headaches. Whether you’re an individual or are running a business, good guidance can help you to avoid mistakes that could have financial or legal consequences down the line.
Asesoría vs. Gestoría
If you search for a “gestor” on the internet, you’re likely to come across several types of advisors. The difference between an asesoría and a gestoría can be confusing.
Asesorías advise clients regarding taxes, accounting and other financial matters, as well as legal issues such as labor law compliance. Asesorar means “to advise.” If you have questions about your economic decisions, an employment contract that you’ve been offered or are executing, a pending sale, investments, or about how to do your taxes yourself, an asesor can help. However, you’ll have to do all the paperwork yourself.
Gestorías may also provide advice on similar topics, but their primary role is to take care of—or gestionar—the documentation for legal and financial procedures. All the forms and online procedures involved in accounting, personal and business taxes (trimester and year end), managing a company’s payroll and social security contributions, the creation of an LLC or other legal entity, application for licenses or grants, the processing of public deeds, applying for trademarks, or transferring property can be taken care of by a gestor(a). Gestionar means to manage, transact, or administrate; they are the government-related paperwork experts. Think of a gestor as something of a cross between an accountant and an administrative assistant with a law background.
It may seem a bit odd that there is a profession dedicated exclusively to dealing with paperwork and online legal procedures until you realize just how many forms you have to fill out in order to do pretty much anything in Spain. You can save money by doing it yourself, but it can be tricky. There is a specific form to fill out for pretty much anything and everything, and the convoluted requirements change all the time. Add Spanish or Catalan legalese into the mix, it’s often worthwhile to pay a bit more to save yourself the trouble. If you’re running a business, you’ll have even more paperwork to deal with, so you’d hire a gestor for the same reasons you’d hire an accountant: to keep your books and deal with day-to-day financial and fiscal concerns.
Even though a number of the legal procedures have gone online, some manual paperwork is still required, as are in-person appointments (by you or your legal representative, which can be your gestor). Even the procedures that have gone online can be difficult to navigate, as the governments’ websites are notoriously glitchy, convoluted, and of late overwhelmed by the increased user volume caused by the pandemic. It saves time to have someone who knows the quirks of the system.
When deciding on a gestor, it’s important to ask exactly what services are included, as asking for advice versus hiring the gestor to do the paperwork or go to an appointment on your behalf will have different prices. The prices of both gestors and asesors vary widely, as the market is largely unregulated.
Speaking of regulations, the second major difference between a gestor and an asesor is that a gestor must be licensed. A gestor must have a degree in law, business, economics, politics (or an equivalent bachelor’s degree) and be registered with a collegiate body. An asesor is not required to register with any particular organization or have any specific accreditation. Anyone with knowledge of finance, labor law, accounting or taxation can decide to dedicate him or herself to advising.
How Do You Find (a Good) One?
Ask around. Personal recommendations are everything when it comes to putting your fiscal responsibility in someone else’s hands. Make sure the individual is accredited and ask if he or she has indemnity insurance in the event of a problem resulting from the paperwork that the gestor has filed on your behalf. The civil code specifies that a gestor or advisor can be held responsible for negligence if it causes measurable damage to the client, but the burden is on the client to prove both the negligence and the damage. While having insurance doesn’t guarantee that the person you hire will never make a mistake, it is a sign that your gestor takes their profession and its responsibilities seriously.
It’s also important to work with someone who understands your specific needs. Being up to date on all relevant procedures for you or your company’s business means that the gestor can suggest the best solutions for any given situation, as well as make sure that you’re operating within the law. For example, my personal gestora handles my taxes, but as her husband is a professional musician, she knows the unconventional world of the music business well enough to be able to advise me even in the stickiest of situations. Spain is infamous for its legal grey areas, and the line between acceptable and problematic can often be thin.
There are gestors who are experts in a variety of topics: the property market, labor contracts, financial issues, or immigration and extranjeria. As an expat, it’s important to work with someone who understands the specific challenges faced by someone who is living in a foreign country and is familiar with the additional paperwork that comes along with it.
The company Barcelona Business Services (BCNBS) is a good example. It’s an English-speaking consultancy firm specifically tailored to help foreign companies and individuals navigate the sea of paperwork in Spain, including immigration and visas, the constitution of your business, accounting, taxes, payroll, insurance and real estate. Gert-jan Geerse first joined the company twenty years ago and became managing partner four years ago. He and the company have made it their mission to serve the expat community in Barcelona.
“Traditional service providers are very conservative and slow to adopt new technologies. There is often a lack of communication and understanding in terms of language, culture and expectations. This is where we make a difference,” he says.
BCNBS takes a 360º approach with its clients, making use of Artificial Intelligence and other digital advances in order to increase the accessibility, speed, efficiency and transparency of the process.
Geerse’s advice for expats looking for a gestor? “In Spain, the administration is complex and time consuming while the tax inspectors are proactive and merciless,” he says.
“Make sure your accountant or gestor understands your language and your expectations. Check their references and publications and confirm they are up to date technologically. Make sure you know exactly what you are paying for (or, more importantly, not paying for) in order to avoid surprises. Cheap online services or apps are not a substitute for a professional—they will not assume any responsibility or give you personalized advice in times of need.”
When You DON’T Need a Gestor
While a gestor may seem like a bit of everything you need rolled into one—the Swiss Army knife of advisors, so to speak—sometimes you may need to hire a different kind of professional.
If you need documents legalized, you’ll have to hire a notary, or notario, who is required to have completed law studies as well as additional specialized study. A notario knows the law and can suggest corrections in a legal document—for example, the language in a last will and testament or a power of attorney—but will not advise on contractual points, such as the fairness of the terms in a negotiation.
Anything involving possible litigation—divorce agreements, child custody, disputes with the phone company, or complex contracts such as a mortgage—most often requires the services of a lawyer.
Esther Lorente Fernandez is a specialist in consumer protection and the banking sector and is the spokeswoman for the Consumer Law Section of the Barcelona Bar Association. She says the primary difference between a gestor and a lawyer is that a lawyer has the tools and specialization needed to study each specific case—and while gestors are an important part of the day-to-day functioning of most businesses and individuals, legal issues with long-term implications and complicated contracts often require a customized approach. A gestor could help you file a complaint with the Consumer Protection Bureau, but only a lawyer could defend you if the matter went to court.
Fernandez cites the recent spate of moratoriums on mortgages as an example: in an effort to save money, many people tried to negotiate with banks on their own and ended up accepting terms that will cost them more in the long run. A gestor could help you file the necessary paperwork, but a lawyer specializing in the field has the additional knowledge to tell you whether the terms you’ve been offered are consistent with the rest of the market.
“Sometimes it makes sense to pay for expert advice from the outset, rather than having to pay even more to fix something that falls apart down the line,” she says. “By consulting a specialist from the beginning as a preventative and informative measure, you’ll save yourself time, money and potential problems later on.”