In today's article, we answer some of the most frequently asked questions.
Can self-employed people be certified?
No, only companies incorporated as Capital Companies (SL, SA, SAL, SLL, etc.) and cooperatives that meet the requirements established by the Law can be certified.
Can the same entrepreneur be a partner of several certified companies?
For the purposes of the new Startups Act, if you can be a member of one or more certified companies.
How long does certification as an Emerging Company last?
The validity of the certification is conditioned on the occurrence of any of the following situations:
- Stop complying with any of the requirements set out in Article 3 and in particular, after five or seven years from the creation of the start-up company.
- The company is disbanded before that term.
- Be acquired by another company that does not have start-up status.
- The company's annual turnover exceeds ten million euros.
- Carry out an activity that causes significant damage to the environment in accordance with Regulation (EU) 2020/852 of the European Parliament and the Council of June 18, 2020 concerning the establishment of a framework to facilitate sustainable investments and amending Regulation (EU) 2019/2088.
- Partners who hold, directly or indirectly, a stake of at least 5% of the share capital or managers of the start-up company have been convicted by a final judgment for the types of crimes included in Article 3.3.
On the reduction of the corporate tax rate to 15%. What happens when the company has no benefits? What is the time limit and how do I activate it?
The application of the reduced tax rate of 15% will be effective during the first year in which positive results are obtained and the next three, as long as the status of Emerging Company Certificate is maintained (maximum of 5 or 7 years old, depending on the type of company).
For its part, the exemption from making fractional payments on account of Corporation Tax will be applied during the first two tax periods after those in which the base is positive, provided that they are considered an emerging company.
There is also the possibility of requesting a deferral in the payment of the Corporate Tax amount without the need to provide guarantees and without accruing interest from late payment. These deferrals are expected for the first two tax periods in which the fee is due and will be 12 months in the first and 6 months in the second.
What improvements does the Startup Certificate offer for the delivery of Stock Options to employees?
With the objective of attracting talent and providing an adequate remuneration policy to the situation and needs of these companies, as explained by the law itself, the taxation of remuneration formulas that are based on the delivery of shares or shares to employees (stock options) is improved.
The amount of the exemption increases from 12,000 to 50,000 euros per year if shares or shares are given to employees of start-up companies.
This exemption also applies when that delivery is made as a result of the exercise of purchase options that have been previously granted to them.
In addition, for the part of the performance of work in kind that exceeds that amount, a special temporary imputation rule is created. According to the same, your charge may be deferred until the tax period in which certain circumstances exist, and in any case, within 10 years from the delivery of shares or shares.
The latest innovation in this regard is that a special rule is established for the valuation of income from work in kind, in order to clarify the value corresponding to the shares or shares granted to startup workers.
How does the Social Security contribution bonus work for self-employed entrepreneurs who are also employed?
For startups that have self-employed workers in their founding workforce or team, obtaining certification allows the full bonus of the fee corresponding to the minimum base of the Special Social Security Scheme for Self-Employed or Self-Employed Workers for the first three years, subject to the condition that said entity maintains its status as a certified startup as an emerging company.
Is it mandatory to inform about the certification to access its benefits?
The condition of being a start-up registered in the Mercantile Registry or in the corresponding Cooperative Registry will be a necessary and sufficient requirement to benefit from the advantages and special provisions contemplated in this law.
ENISA will provide certified documentation confirming compliance with all the requirements necessary to obtain start-up status directly to the competent Mercantile Registry or Cooperative Registry.
What does administrative silence entail in the Emerging Company Certification process?
If after the 3 months mentioned above, a resolution is not issued, administrative silence will be understood as an approval of the request for certification, as established in article 8 of the Order and in section 4.2 of Law 28/2022.
When can they deny the application for start-up certification?
From the ENISA platform, in any case, certification can be denied if the business model raises reasonable doubts about possible risks in reputational, regulatory, ethical or speculative terms.
The competent authority to make decisions in this regard is the Chief Executive Officer of ENISA, with the possibility of delegating this power. However, all ENISA decisions relating to certification can be challenged through appropriate administrative and/or judicial procedures.
In the event of a negative decision... Are there any recourse options?
If the decision is negative, there is the possibility of filing an appeal within a period of one month from the receipt of the notification, in accordance with the provisions of articles 121 et seq. of Law 39/2015. To facilitate this process, it can be done electronically through the website of the Ministry of Industry, Trade and Tourism.
In the event that the appeal is dismissed, thus exhausting administrative remedies, there is the option of filing a contentious-administrative appeal before the judicial jurisdiction, as established in article 114 of Law 39/2015.
We help you to obtain the Enisa Emerging Company Certificate
From Intelectium, we are experts in applying for and managing grants and certificates for innovative startups and SMEs. We help you assess your startup's eligibility for certification. Get in touch with us hither for expert advice.
