Law 28/2022, of December 21, on the Promotion of the Ecosystem of Emerging Companies , popularly known as the ” Startup Law,” has brought with it a set of revolutionary measures aimed at promoting the creation and expansion of emerging companies in Spain.
This law sets in motion mechanisms that support cooperation between the public and private sectors, with the purpose of stimulating the development of new companies and facilitating the arrival in Spain of entrepreneurs and employees who are part of startups. In addition, it seeks to serve remote workers from various areas and companies, known as “digital nomads.”
One of the fundamental pieces of this law is the certification granted by ENISA (National Innovation Company SME, SA), which provides a series of tax and social advantages for those companies that meet certain specific requirements, specifically including companies born in the science and technology system, known as technological or scientific-based companies, in addition to those innovative in processes, products and services, or in business model.
Key Advantages of ENISA Certification:
Reduction of Corporate Tax to 15%: One of the most notable advantages of ENISA certification is the reduction of the corporate tax rate to 15%, which alleviates the tax burden of emerging companies and gives them a greater margin to reinvest in its growth.
Tax Debt Deferrals: Certified companies can access tax debt deferrals, which makes it easier to manage their financial obligations.
Exemption from Installment Payments: The certification also exempts companies from the obligation to make installment payments of Corporate Tax, which improves their cash flow and investment capacity.
Elimination of Registration Fees: ENISA offers the elimination of certain registration fees, which reduces the costs associated with establishing a new company.
Exemption from the NIE Obligation for Foreign Investors: Non-resident foreign investors do not need to obtain the NIE (Foreign Identification Number) when investing in companies certified by ENISA.
Social Security Contribution Bonus: Self-employed entrepreneurs who work as employees can benefit from a bonus on Social Security contributions.
Deduction for Investment in Newly Created Companies: The certification increases the deduction for investment in newly created companies, raising the rate to 50% and the maximum base up to 100,000 euros.
Development of Controlled Testing Environments: ENISA promotes the creation and development of controlled testing environments to validate new models in regulated activities, thus promoting innovation and the growth of startups.
Facilities for Guarantees and Payments on Account : Certified companies have facilities to provide guarantees or payments on account in the case of granting subsidies, which facilitates access to additional financing.
Requirements to Obtain ENISA Certification:
To access the aforementioned benefits, emerging companies must meet certain requirements established by ENISA:
Status of the company: They must be newly created companies or no more than 5 years have passed since their registration in the Commercial Registry or from the date of the public deed of incorporation registered in the competent Registry of cooperatives, which may be extended up to 7 years in strategic and technological sectors.
Origin of the company: They must not have arisen from merger, division, transformation, concentration or segregation operations, with exceptions for operations between emerging companies.
Distribution of dividends: They must not have distributed dividends since their constitution.
Listing on a regulated market: They must not be listed on a regulated market.
Headquarters in Spain: They must have headquarters, registered office or permanent establishment in Spanish territory.
Employees in Spain: At least 60% of the workforce must have an employment contract in Spain.
Innovative and scalable project: They must develop an innovative entrepreneurship project with a scalable model.
Business volume: The business volume must not exceed 10 million euros per year.
Tax and Legal Compliance: They must not have tax debts or legal non-compliance. They must not be founded or directed by people convicted of financial crimes, unfair administration, punishable insolvency, among others.
Environmental Impact: They must not develop an activity that causes significant damage to the environment.
Shareholding: They must not have partners with a share of 5% or more who have criminal records related to the crimes mentioned above.
In summary, ENISA certification offers a set of significant benefits that drive the growth and competitiveness of emerging companies in Spain. By meeting requirements and maintaining certification, startups can access tax and social benefits that help them thrive in an increasingly competitive business environment.
In this sense, ENISA has developed an essential guide for the certification of these companies, which greatly facilitates the process of obtaining certification.
This publication does not constitute legal advice.
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