Tax incentives

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Tax incentives: investor deductions and reduced tax rates

The Spanish Law 28/2022 of 21 December on promoting the startup ecosystem, also known as the “Startup Law”, was enacted to foster the creation and growth of Spanish startups, in line with the various programs supporting innovative companies in neighboring countries.

Specifically, the Law clearly aims to encourage the creation and growth of startups, promote investment in these companies by attracting specialised investors, and attract both international and domestic talent by creating a favorable environment for entrepreneurs and remote workers. To this end, it provides for a series of tax benefits:

Tax benefits for startups

Companies that qualify as startups under the law may benefit from the following:

  • A reduced 15% corporate income tax rate for up to four years.
  • Deferral of tax debts without guarantees and exemption from advance corporate income tax payments during the first two tax periods in which the startup reports a positive taxable base.

Investment deductions for startups

Law 28/2022 improves the deduction for investment in newly or recently created companies.

  • Deduction for investment in startups: the deduction rate increases from 30% to 50%, the maximum deduction base rises from €60,000 to €100,000, and the period for subscribing shares, counted from the company’s incorporation, increases from three to five years generally and up to seven years for qualifying startups.
  • Founders of startups may apply the deduction regardless of their percentage ownership in the company.

Taxpayers may therefore deduct 50% of the invested amounts, with a maximum annual base of €100,000. Certain conditions apply, including a minimum holding period of three years.

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