Regulatory developments 2022Skip information index
Main tax innovations introduced by Law 28/2022 of 21 December to promote the start-up ecosystem
With the entry into force of Law 28/2022, of 21 December, the following new features have been introduced that affect lcorporate income tax and non-resident income tax payers who obtain income through a permanent establishment located in Spanish territory and who have the status of a start-up company in accordance with the preliminary title of this law.
Taxation of start-ups at a tax rate of 15% for a maximum of four years
The article 7 of Law 28/2022 on the taxation of start-up companies states that,
They shall be taxed in the first tax period in which, having said condition, the taxable income is positive and in the following three, provided that they maintain the aforementioned condition, at the rate of 15 % in the terms established in section 1 of article 29 of Law 27/2014, of 27 November, on Corporate Income Tax.
This softens the initial taxation of start-ups by reducing the corporate income tax rate from the current 25% to 15% for a maximum of four years, provided that the company maintains its status as a start-up.
Deferral of payment of tax debts by start-ups for the first two years of activity
Article 8(1) of Law 28/2022, which regulates the deferral of the taxation of a start-up company, states that,
They may apply to the State Tax Administration at the time of filing the self-assessment tax return at for deferral of payment of the tax debt corresponding to the first two tax periods in which the tax base is positive.
The State Tax Administration will grant the deferment, with waiver of guarantees, for a period of twelve and six months, respectively, from the end of the deadline for payment of the tax debt corresponding to the aforementioned tax periods.
In order to enjoy this benefit, the applicant must be up to date with their tax obligations on the date on which the request for deferral is made and, furthermore, the self-assessment must be submitted within the established period.The payment of complementary self-assessments may not be deferred in accordance with the procedure established in this section.
The payment of the deferred tax debt shall be made within one month of the day following the expiry of each of the deadlines indicated, without accrual of interest for late payment.
This extends the deferral of payment of tax debts for the first two years of activity to all start-up companies.
No obligation to make instalment payments by start-ups during the first two years of activity
Article 8(2) of Law 28/2022, which regulates the deferral of the taxation of an emerging company, provides that,
They shall not be obliged to make the instalment payments regulated in article 40 of Law 27/2014, of 27 November, on Corporate Income Tax, and 23.1 of Royal Legislative Decree 5/2004, of 5 March, approving the revised text of the Law on Non-Resident Income Tax, respectively, which they must make on account of the settlement corresponding to the tax period immediately following each of those referred to in the previous section, provided that they maintain their status as an emerging company.
de fomento del ecosistema de las empresas emergentes.