Congress debates the Startup Law, maintaining the tax incentive regime designed by the Government

MADRID, 12 Oct. (EUROPA PRESS) -

Congress votes this Thursday on the bill to promote the ecosystem of emerging companies, known as the 'Startup Law', after approving more than 70 amendments to the rule, although none affects the tax incentive regime provided by the Government .

The initiative reaches the Committee on Economic Affairs and Digital Transformation, but since it is submitted to the Plenary Session of Congress, it must undergo another round of votes in the Chamber to be approved and sent to the Senate.

Until now, the Government has agreed changes, mainly with Cs (13), Junts (4), PP (3), Esquerra Republicana (3) and PDeCAT (3), and another 27 transactional amendments with these groups, in addition to another 19 agreed between PSOE and United We Can.

These changes have served to incorporate cooperatives into the emerging business regime, allow positive administrative silence in the recognition by Enisa (Empresa Nacional de Innovacion, S.A.) of a 'startup' or deepen the criteria when to assess the degree of innovation and scalability of a business.

Other changes recognize the ability of the Tax Agency to check whether the necessary requirements to benefit from tax incentives are met and remain in force and raises the threshold of the penalty provided to reverse these benefits when there is a conviction of one of the partners, who only It would apply if the convicted person has at least 5% of the capital.

On the other hand, access to benefits for highly qualified professionals is equalized for people with professional training studies and the requirements for companies to have these workers are eliminated and the permit is extended for another year, up to a total of two. planned so that foreign students of higher education can find employment or start a business project once they finish their studies.

However, none of the changes alter the tax benefits regime contemplated in the project approved by the Council of Ministers, with more favorable taxation for both companies and workers.

Far from expanding these incentives, the groups have agreed to end the exemption from notarial or registration fees provided for entrepreneurs who take advantage of the Emerging Companies Statute and complete their processing electronically.

According to the change introduced, to which Europa Press has had access, notarial and registry fees will cost these companies 60 and 40 euros, respectively, as long as the company's share capital does not reach 3,100 euros. The change originates from an amendment to the PDeCAT, and had also been proposed by Vox.

On the other hand, the rule has also served the Government to promote two legal changes unrelated to the new startup regulations, such as the transposition of the fiscal transparency directive for multinationals and the creation of the Spanish Intelligence Supervision Agency Artificial (AI).

In the first case, any parent company of a group that exceeds 750 million euros in annual income is obliged to detail separate information for each Member State in which it operates on its income, the amount of profits or losses before taxes , or the amount of tax paid.

Regarding the new agency, its objectives include the supervision of the start-up, use or commercialization of systems that include AI and, especially, those that may pose significant risks to health, safety and fundamental rights, and its capacity inspector and sanctioner.