Are you a non-resident in Spain and considering establishing a new startup in Spain to take advantage of its tax benefits? Do you want to engage in economic activities in Spain by providing services to startups and benefit from the favorable tax framework for such activities?

From addwill, we are below summarizing the requirements for a company to be considered emerging and enjoy these benefits.

On July 20th, the ministerial order was approved, establishing the criteria for a company to be certified as an “emerging company” by ENISA (Spanish Innovation Company).

The status of an emerging company allows qualified professionals who provide services to the company to benefit from the special tax regime for impatriates (Beckham Law), which enjoys a fixed tax rate of 24% in the Personal Income Tax (“IRPF”).

Specifically, this advantageous tax regime in the IRPF is applicable in cases where highly qualified professionals provide services to companies accredited as emerging by ENISA while conducting economic activities in Spain.

The requirements for accreditation as an emerging company by ENISA are as follows:

  • An emerging company must be newly established, so mergers, transformations, and divisions are completely excluded. They can be certified as emerging companies as long as they have not been registered for more than 5 years (7 years in biotechnology, energy, industrial, or other key sectors).
  • Their annual turnover must be less than 10 million euros.
  • 60% of the workforce must have employment contracts in Spain.
  • The project must be characterized by being scalable and innovative.
  • The headquarters or permanent establishment must be established and operating within the national territory.
  • The business must not be listed on the regulated market.
  • It cannot distribute or have distributed dividends.
  • They must be founded or led by individuals who are up to date with their tax and social security obligations, as well as individuals who have not been convicted of certain crimes.
  • The activity carried out must not cause significant harm to the environment according to European regulations (Regulation 2020/852 of the European Parliament).
  • The company must request ENISA’s evaluation of the degree of scalability and innovation of the business.

At addwill, we have a team of lawyers specialized in taxation and corporate matters for the creation of new companies and for benefiting from the impatriate tax regime.

You can leave your inquiry by clicking here, or contact us via email at or by phone at +34 93 487 52 00.