Entrepreneurs magazine. has had Tomarial to explain the novelties of the new Startups Law. Enrique Moreno, collaborator of the Tax Area of the firm has participated in section El Advice from experts, Analyzing the new legislation. Here is his opinion on this novelty that affects startups:
On December 17, 2.021, the Government approved and submitted to Parliament the draft Law for the promotion of the ecosystem of emerging companies (Startups Law), within the framework of the Government's Recovery, Transformation and Resilience Plan.
A priori (it will be necessary to analyze additional requirements and the small letter, once it is officially published in the BOE) it will suppose greater incentives for all the fundamental actors in the universe startup: the company itself, its investors, and its workers. For the company, with reductions in tax rates, fractionation in the payment of taxes without interest and the non-application of the cause of dissolution as to other entities. For investors, because it will increase their profitability, knowing that they are entitled to a greater personal income tax deduction with a greater investment base to calculate that deduction. And to the employees because their access to being part of the company's property is also encouraged (increase in personal income tax exemption from 12.000 to 50.000 euros for delivery of stock options), including improvements in the regime of displaced people for digital nomads, reducing from ten to five the years that they must not have been in Spanish territory to be eligible.
In our opinion, there is only one barrier to consider: the difficulty that may exist when requesting the label that ENISA is going to have to grant to the company to access all these incentives, something that can be, to say the least, controversial. Saved this, the Law is positive for all players of the technology sector.
