The Report of the Draft Law for the promotion of the ecosystem of emerging companies is approved – STARTUPS LAW
The Government has approved the aforementioned Bill that contains a series of measures aimed at promoting the creation and relocation of emerging companies in Spain with the aim of continuing to attract international talent and capital for the development of an entrepreneurial ecosystem with an innovative vocation in our country. .
1. OBJECTIVE SCOPE
The norm affects companies – natural or legal person – with the following characteristics:
- Age of the company: it must be newly created or a maximum of 5 years from its constitution, or 7 years in the case of biotechnology, energy or industrial.
- Independent.
- Have a registered office or permanent establishment in Spain.
- 60% of the workforce must have a contract in Spain.
- Innovative character.
- Not to be quoted.
- Not having distributed dividends.
- Not reaching a turnover of 5 million euros.
- Accredited as such by ENISA.
2. TAX MEASURES
2.1. Corporation Tax and IRNR with EP
– Rate: in the first period they obtain a positive base and in the next 3 it will be 15%.
– Postponement: of the tax debt of the first 2 self-assessments with positive base for 12 and 6 months, respectively, and with waiver of guarantees.
They are exempted from making installment payments in the first 2 years after obtaining positive bases.
2.2. Personal income tax
– Taxation of stock options for employees is improved , raising the annual exempt minimum for these companies from € 12,000 to € 45,000.
– The deduction for investment in a new or recently created company is modified by increasing the type of deduction from 30 to 40%, increasing the maximum base from € 60,000 to € 100,000 and the time during which a newly created company is considered, which is extended until equating it with the maximum age of an emerging company, going from 3 to 5 years, in general (7 years for certain companies).
– Access to the special tax regime for impatriates is improved , reducing, from 10 to 5, the tax periods in which the taxpayer has not been a tax resident in Spain, and extending, from 5 to 10, the years during which they can pay tax by this regimen.
In addition, the possibility of opting for the special regime is extended to other members of the family unit of the main impatriate -when the sum of the taxable bases is less than that of the main impatriate-: their spouse or the parent of their children, minor children 25 years old and disabled children, regardless of their age.
– Finally, it should be noted that it is not compulsory to obtain the NIE for investors who are not going to reside in Spain , facilitating the electronic application for the NIF, which is a requirement to materialize and document the investment. Identification will be allowed by obtaining only the NIF and, in the case of a foreign entity, provided that the new entity is created through CIRCE, the obtaining of the NIF for the foreign investing entity is allowed by this same system.