In August of last year, the reform of the Immigration Law came into force, which brings with it beneficial changes for immigrants residing in Spain. This new approach to the law will help to make all bureaucratic processes easier when it comes to managing any procedure, making getting a work permit a simpler process. Find out with us how the work permits are now with this reform!
What is the status of work authorizations after the modification of the Spanish General Law on Foreigners?
In August of last year, the reform of the Immigration Law came into force, which brings with it beneficial changes for immigrants residing in Spain. This new approach to the law will help to make all bureaucratic processes easier when it comes to managing any procedure, making getting a work permit a simpler process. Find out with us how the work permits are now with this reform!
Last December 1, 2022, the Congress approved in a definitive way the Law for the Promotion of the Startup System, better known as the Startup Law. This law aims to establish a specific regulatory framework to support the creation and growth of these emerging companies, do you want to know more about the Startups Law and how it can benefit you? Then this article is for you!
What is the new Startup Law?
On November 3, the Congress of Deputies approved the Startups Law with a different consensus than usual in the Chamber. The new Startups Law BOE passed with 177 votes in favor. It was expected an agile processing in the Senate to approve it in its entirety by the end of the year so that it could enter into force at the beginning of this 2023.
This Law is the Spanish Government’s regulation that seeks to facilitate the creation and development of new technology-based and innovative companies. In addition, it seeks to make the country a reference in terms of entrepreneurship at European level.
There is no doubt that the legal framework is one of the aspects that can most promote the creation of new companies. Consequently, it also boosts the economy.
But how will the government achieve this? Well, through a series of tax incentives, favorable regulations, elimination of bureaucratic obstacles and the relaxation of many of the procedures.
In that sense, the Startup Law is governed by the following objectives:
What are the main changes proposed by the Startups Act 2022?
Ten months after its arrival in the House, the Startup Law retains its main elements. But, at the same time, it has introduced important novelties such as:
Incorporation of cooperatives to the regime of emerging companies.
If you are a self-employed entrepreneur who wants to take advantage of the benefits of the Startup Law, you will have to set up a Limited Company (SL) or a cooperative. These, thanks to the new amendments, are also an option.
There will be a certifying company and the administrative silence will be positive
The Empresa Nacional de Innovación, S.A. (ENISA) will certify which companies are considered startups and which do not meet the conditions. But now, with the new changes introduced, it will be able to enter into agreements with third party public or private collaborating entities.
Positive administrative silence is also established. In other words, if your company applies to ENISA for certification as a startup and there is no pronouncement from ENISA within three months, this means that the company will obtain a favorable resolution.
Requirements to certify that a company is a startup
The Startup Law goes deeper into different criteria when evaluating the requirements that companies need to be certified as startups. The analysis of the degree of innovation and the scalability of the business model is more detailed.
In addition, criteria such as competence, team training, reliance on suppliers, technological innovation and more will be weighted.
Training
The new Startup Law establishes that graduates of vocational training or higher education will also be able to apply for residency for highly qualified profiles. In this way, the benefits of these may be equated to vocational training studies.
Serial entrepreneurs
The figure of serial entrepreneurs, i.e., those who have successfully launched a startup before, is recognized. In this case, they are granted the benefits of the Startup Law to the first four companies they create. Thus, the previous limitation of three companies is extended.
In Spain, these entrepreneurs represent 62%, according to the Entrepreneurship Map. For many, this recognition is really important. This is because the more experience and learning they have, the more likely they are to succeed and, in addition, niches in which to innovate can be detected.
Bonus of the quotas
It establishes the rebate of the quotas for self-employed workers of startups and companies that develop multiple activities. That is to say, if you are a freelancer who starts your activity in a startup while working in another company, you will be 100% bonus for the quota during the first three years, to exempt them from having to pay twice.
Turnover
The business threshold is increased to 10 million euros in order to consider a company as a startup. One of the requirements is that “it does not reach a turnover of more than ten million euros”. However, the original text established a limitation of 5 million euros.
Tax treatment for venture capital entities
A different and specific tax treatment is established for the so-called carried interest, i.e., venture capital entities. They will be taxed as earned income with a 50% tax exemption.
Digital nomads
The visa and special tax conditions for international teleworkers, better known as “digital nomads”, are established. The visa has a duration of one year and a special tax regime is contemplated for this type of worker.
Likewise, they will be taxed under the IRNR (Non-Resident Income Tax) and not under the IRPF (Personal Income Tax).
Do you want to develop your business idea in the Spanish territory? The Startup Law can be a great option for you. If you need legal or tax advice to achieve the success of your business, in TAS Consulting the best professionals are at your disposal to accompany you every step of the way. Contact us through tasconsultoria@tas-sl.es and schedule your free appointment.
What does the new Startup Law in Spain consist of?
Last December 1, 2022, the Congress approved in a definitive way the Law for the Promotion of the Startup System, better known as the Startup Law. This law aims to establish a specific regulatory framework to support the creation and growth of these emerging companies, do you want to know more about the Startups Law and how it can benefit you? Then this article is for you!
What is the new Startup Law?
On November 3, the Congress of Deputies approved the Startups Law with a different consensus than usual in the Chamber. The new Startups Law BOE passed with 177 votes in favor. It was expected an agile processing in the Senate to approve it in its entirety by the end of the year so that it could enter into force at the beginning of this 2023.
This Law is the Spanish Government’s regulation that seeks to facilitate the creation and development of new technology-based and innovative companies. In addition, it seeks to make the country a reference in terms of entrepreneurship at European level.
There is no doubt that the legal framework is one of the aspects that can most promote the creation of new companies. Consequently, it also boosts the economy.
But how will the government achieve this? Well, through a series of tax incentives, favorable regulations, elimination of bureaucratic obstacles and the relaxation of many of the procedures.
In that sense, the Startup Law is governed by the following objectives:
What are the main changes proposed by the Startups Act 2022?
Ten months after its arrival in the House, the Startup Law retains its main elements. But, at the same time, it has introduced important novelties such as:
Incorporation of cooperatives to the regime of emerging companies.
If you are a self-employed entrepreneur who wants to take advantage of the benefits of the Startup Law, you will have to set up a Limited Company (SL) or a cooperative. These, thanks to the new amendments, are also an option.
There will be a certifying company and the administrative silence will be positive
The Empresa Nacional de Innovación, S.A. (ENISA) will certify which companies are considered startups and which do not meet the conditions. But now, with the new changes introduced, it will be able to enter into agreements with third party public or private collaborating entities.
Positive administrative silence is also established. In other words, if your company applies to ENISA for certification as a startup and there is no pronouncement from ENISA within three months, this means that the company will obtain a favorable resolution.
Requirements to certify that a company is a startup
The Startup Law goes deeper into different criteria when evaluating the requirements that companies need to be certified as startups. The analysis of the degree of innovation and the scalability of the business model is more detailed.
In addition, criteria such as competence, team training, reliance on suppliers, technological innovation and more will be weighted.
Training
The new Startup Law establishes that graduates of vocational training or higher education will also be able to apply for residency for highly qualified profiles. In this way, the benefits of these may be equated to vocational training studies.
Serial entrepreneurs
The figure of serial entrepreneurs, i.e., those who have successfully launched a startup before, is recognized. In this case, they are granted the benefits of the Startup Law to the first four companies they create. Thus, the previous limitation of three companies is extended.
In Spain, these entrepreneurs represent 62%, according to the Entrepreneurship Map. For many, this recognition is really important. This is because the more experience and learning they have, the more likely they are to succeed and, in addition, niches in which to innovate can be detected.
Bonus of the quotas
It establishes the rebate of the quotas for self-employed workers of startups and companies that develop multiple activities. That is to say, if you are a freelancer who starts your activity in a startup while working in another company, you will be 100% bonus for the quota during the first three years, to exempt them from having to pay twice.
Turnover
The business threshold is increased to 10 million euros in order to consider a company as a startup. One of the requirements is that “it does not reach a turnover of more than ten million euros”. However, the original text established a limitation of 5 million euros.
Tax treatment for venture capital entities
A different and specific tax treatment is established for the so-called carried interest, i.e., venture capital entities. They will be taxed as earned income with a 50% tax exemption.
Digital nomads
The visa and special tax conditions for international teleworkers, better known as “digital nomads”, are established. The visa has a duration of one year and a special tax regime is contemplated for this type of worker.
Likewise, they will be taxed under the IRNR (Non-Resident Income Tax) and not under the IRPF (Personal Income Tax).
Do you want to develop your business idea in the Spanish territory? The Startup Law can be a great option for you. If you need legal or tax advice to achieve the success of your business, in TAS Consulting the best professionals are at your disposal to accompany you every step of the way. Contact us through tasconsultoria@tas-sl.es and schedule your free appointment.
The Business Creation and Growth Law, better known as the Crea y Crece Law, includes a series of measures and reforms designed to promote business development and boost entrepreneurship in the country. Among them, it stands out its fight against commercial delinquency. If you want to know which are the measures to combat late payment proposed by the Crea y Crece, then this article is for you!
What are the measures proposed by the Crea y Crece Act to combat late payment?
The Business Creation and Growth Law, better known as the Crea y Crece Law, includes a series of measures and reforms designed to promote business development and boost entrepreneurship in the country. Among them, it stands out its fight against commercial delinquency. If you want to know which are the measures to combat late payment proposed by the Crea y Crece, then this article is for you!
It is important to study the new Data Protection Law in Spain in every HR department. This can avoid sanctions, reprimands, as well as create a safe organizational climate. If you are concerned about the status of your company with respect to the new Data Protection Law in force, it is imperative that you pay attention to the implications it entails, find out here!
5 tips for your HR department to comply to the letter with the new Data Protection Law
It is important to study the new Data Protection Law in Spain in every HR department. This can avoid sanctions, reprimands, as well as create a safe organizational climate. If you are concerned about the status of your company with respect to the new Data Protection Law in force, it is imperative that you pay attention to the implications it entails, find out here!
The Law that will allow you to create a company with just one euro, fights against late payments and promotes electronic invoicing to make your day-to-day life as an entrepreneur much easier. This is how the new Crea y Crece Law is presented. Do you want to know more and find out how it can help you to carry out your business idea? Then this article is for you!
What is the new Crea y Crece Law to motivate the creation of companies in Spain?
The Law that will allow you to create a company with just one euro, fights against late payments and promotes electronic invoicing to make your day-to-day life as an entrepreneur much easier. This is how the new Crea y Crece Law is presented. Do you want to know more and find out how it can help you to carry out your business idea? Then this article is for you!
After two years, we can say that Europe will become the first free digital market in the world, with predictable and clear rules for all those who participate in it. The European Parliament plenary has approved the new Digital Services Act with 539 votes in favor and the Digital Markets Act with 588 votes in favor. Do you want to know more about the Digital Services Act? Read our article and find out all about it.
After two years, we can say that Europe will become the first free digital market in the world, with predictable and clear rules for all those who participate in it. The European Parliament plenary has approved the new Digital Services Act with 539 votes in favor and the Digital Markets Act with 588 votes in favor. Do you want to know more about the Digital Services Act? Read our article and find out all about it.
On October 13, 2020, as a result of the pandemic, the new Law that would be in charge of regulating telework and change the labor paradigm that until that moment was known came into force. Do you want to know what are the practical and legal keys of the Telework Law in Spain? Then you came to the right place! Here we will detail them for you.
10 key legal and practical aspects of the Telework Law in Spain that you should know about
On October 13, 2020, as a result of the pandemic, the new Law that would be in charge of regulating telework and change the labor paradigm that until that moment was known came into force. Do you want to know what are the practical and legal keys of the Telework Law in Spain? Then you came to the right place! Here we will detail them for you.
The European Data Protection Regulation in Spain, approved in 2016, came into force in 2018 along with multiple changes that it is essential for every SME to take into account. For that reason we have created this article, Find out here what is the new Organic Law on Data Protection and what should be your compliance!
What is the new Organic Law on Data Protection and how to comply with it?
The European Data Protection Regulation in Spain, approved in 2016, came into force in 2018 along with multiple changes that it is essential for every SME to take into account. For that reason we have created this article, Find out here what is the new Organic Law on Data Protection and what should be your compliance!
Previously, we told you about the Insolvency Law in Spain and the reform presented in Law 16/2022. But, what are the implications for the sale and purchase of production units? In this article we will inform you about its different phases and advantages.
How does the reform of the Bankruptcy Law affect the sale and purchase of production units?
Previously, we told you about the Insolvency Law in Spain and the reform presented in Law 16/2022. But, what are the implications for the sale and purchase of production units? In this article we will inform you about its different phases and advantages.
Tener un negocio significa estar al día con la normativa vigente en los diferentes aspectos que puedan afectar a su actividad empresarial. ¿Has oído hablar de la reciente reforma de la Ley Concursal en España? ¡En este artículo te contamos en qué consiste!
What is the new reform to the Insolvency Law about?
Tener un negocio significa estar al día con la normativa vigente en los diferentes aspectos que puedan afectar a su actividad empresarial. ¿Has oído hablar de la reciente reforma de la Ley Concursal en España? ¡En este artículo te contamos en qué consiste!
