Spain's startup law 2026: 15% tax, stock options, nomad visa

Ley 28/2022 (the Spanish startup act), which promotes the ecosystem of emerging companies (BOE, 2022), has made Spain one of the most attractive countries in Europe in which to found and finance a startup. A reduced 15% rate of Impuesto sobre Sociedades (Spanish corporate income tax), stock options exempt up to €50,000 per employee, a 50% deduction for angel investors and a digital nomad visa — all available for companies operating in Spain through a free ENISA certificate.

What benefits does the Spanish startup act offer?

Spanish corporate income tax at 15%

Companies certified as emerging companies pay 15% corporate income tax (against the general 25% rate) for their first 4 financial years with a positive tax base. They are also exempt from making instalment payments, which significantly improves liquidity in the critical growth years.

Real saving: a startup with €100,000 of profit saves €10,000 a year in corporate income tax (€15,000 against €25,000). Over 4 financial years, the accumulated saving can exceed €40,000.

Stock options exempt up to €50,000

Pay in shares or holdings (stock options) is exempt from IRPF, the Spanish personal income tax, up to €50,000 a year per employee (the previous limit was €12,000). Stock options are taxed only when the holder sells them, not when they are granted — which makes it easier to retain talent at no immediate cost to the company or the employee.

A 50% deduction for investors

Business angels who invest in certified startups can deduct 50% of their investment from their Spanish personal income tax, up to a maximum base of €100,000 a year. That makes Spain one of the most favourable frameworks in Europe for angel investment.

A visa for digital nomads

Foreign professionals who work remotely for non-Spanish companies can apply for a Spanish residence visa valid for 1 year and renewable. The condition: income from remote work must account for at least 80% of total income.

Other benefits

• Removal of double Spanish Social Security contributions for founders who combine employment with a startup
• Deferral of the tax debt for the first two financial years with a positive tax base (with no late-payment interest and no guarantees)
• Simpler incorporation and winding-up procedures (online incorporation in 6 hours, with no need to appear before a notary in person)
• The option of incorporating an SL (Spanish limited company) with €1 of share capital, against the €3,000 minimum under the general regime
• A simplified regime for digital nomads and international remote workers

Can your startup be certified as an emerging company? Request a free assessment and we will help you through the certification process.

What requirements must your company meet to be certified?

To access the benefits, the company must obtain the emerging company certificate issued by ENISA. The requirements are:

Company requirements:

• Be newly created or no more than 5 years old since incorporation (7 years in biotechnology, energy and industry)
• Have its registered office or a permanent establishment in Spain
• Have at least 60% of its workforce on Spanish employment contracts
• Not have arisen from the merger, spin-off or transformation of non-emerging companies
• Not have distributed dividends
• Not be listed on a regulated market

Project requirements:

• Develop an innovative entrepreneurial project with a scalable business model
• The innovation can be technological, or relate to the business model, the market or a process
• It does not have to be R&D in the strict sense — the definition of innovation is broad

Documentation required:

• Public deed of incorporation
• Annual accounts for the last closed financial year
• Certificate confirming the company is up to date with the Spanish Tax Agency (AEAT) and Spanish Social Security
• A business plan describing the innovative and scalable nature of the project
• A responsible declaration of compliance with the requirements

How to obtain the emerging company certificate

The process is free and handled through ENISA:

1. Access the ENISA certification platform (enisa.es/certifica-tu-startup)
2. Complete the application with the company and project details
3. Attach the documentation: business plan, accounts, certificates
4. Assessment by ENISA: a maximum of 3 months to decide
5. Resolution: if approved, the certificate is issued. If the authority does not reply in time, the application is deemed approved

Validity: the certificate is valid for as long as the requirements are met. ENISA can revoke it if the company stops meeting any of the conditions.

Cost: entirely free.

Take-up figures: according to ENISA, thousands of companies have applied for certification since the law came into force in 2023, with a high approval rate for projects that meet the innovation and scalability requirements.

Sectors with the most certifications: technology and software, digital health, fintech, cleantech and deep tech. But the broad definition of innovation means service companies with scalable business models can obtain the certificate too.

What happens if you lose the certificate: if the company passes 5 years (or 7 in the special sectors), distributes dividends or stops meeting the requirements, it loses emerging company status and returns to the general Spanish tax regime. Deductions already applied are not clawed back retroactively.

International comparison: Spain sits alongside France (the JEI regime), Portugal (the StartUP Visa programme) and Estonia (e-Residency) as one of the most attractive startup ecosystems in Europe. The combination of 15% corporate income tax, a 50% investor deduction and exempt stock options is unique on the continent.

How to combine the startup act with other incentives

The Spanish startup act is compatible with the rest of the ecosystem of tax incentives and grants:

The optimal tax strategy for a certified startup:

15% corporate income tax + R&D&I tax deductions against the reduced liability + Social Security contribution reductions for research staff + exempt stock options for the team + a 50% deduction to attract investors + ENISA with no personal guarantees + Patent Box if the company generates patents or software.

A Fractional CFO who specialises in startups can design and run this integrated tax strategy, making sure the company uses every incentive in a coordinated way.

In Catalonia, certified startups can top up the benefits of the startup act with the ACCIÓ programmes and the Cupons ACCIÓ vouchers for innovation assessments and internationalisation, as well as tapping the Barcelona investor ecosystem — one of the most active startup hubs in southern Europe, with networks such as IESE BAN and ESADE BAN acting as a bridge between capital and certified startups.

Do you want to certify your startup and maximise the tax benefits? At Tecnocim Innova we support you from ENISA certification through to managing tax deductions, grants and Social Security contribution reductions. Get in touch for a no-obligation assessment.