New regulations for 2022

Main tax changes introduced by Law 28/2022, of December 21, to promote the ecosystem of emerging companies

de fomento del ecosistema de las empresas emergentes.(BOE, 22-diciembre-2022)

CORPORATION TAX

With the entry into force of Law 28/2022, of December 21, the following changes are introduced that affect l taxpayers of the Corporate Tax and the Non-Resident Income Tax who obtain income through a permanent establishment located in Spanish territory, which have the status of an emerging company in accordance with the preliminary title of this law.

1. Taxation of start-ups at a rate of 15% for a maximum period of four years

   Article of Law 28/2022 on the taxation of emerging companies establishes that,

   They will pay taxes in the first tax period in which, having said condition, the tax base is positive and in the following three , provided that they maintain the aforementioned condition, at the rate of 15% in the terms established in section 1 of article 29 of Law 27/2014, of November 27, on Corporate Tax.

   This softens the initial taxation of emerging companies, reducing the corporate tax rate from the current 25%. % to 15 %, for a maximum of four years, provided the company maintains its start-up status.

2. Deferral of tax debt payments by start-ups during the first two years of activity

   Section 1 of Article 8 Law 28/2022, which regulates the deferral of taxation of a start-up company, establishes that,

   They may request, from the State Tax Administration at the time of filing the self-assessment, the deferral of payment of the tax debt corresponding to the first two tax periods in which the taxable base of the Tax is positive .

   The State Tax Administration will grant the deferral, with exemption from guarantees, for a period of twelve and six months, respectively, from the end of the period for voluntary payment of the tax debt corresponding to the aforementioned tax periods.

   To enjoy this benefit, the applicant must be up to date with his or her tax obligations on the date on which the deferral request is made and, in addition, the self-assessment must be submitted within the established period. The payment of supplementary self-assessments may not be postponed, in accordance with the procedure established in this section.

   Payment of the deferred tax debt will be made within one month from the day following the expiration of each of the periods indicated, without any accrual of late payment interest.

   This means that all start-ups are now eligible to defer payment of their tax debts during the first two years of their activity.

3. No obligation to make split payments for start-ups during the first two years of activity

   Section 2 of Article 8 of Law 28/2022, which regulates the deferral of taxation of a start-up company, establishes that,

   They will not be required to make the split payments regulated in article 40 of Law 27/2014, of November 27, on Corporate Tax, and 23.1 of Royal Legislative Decree 5/2004, of March 5, approving the revised text of the Non-Resident Income Tax Law, respectively, which must be made on account of the settlement corresponding to the tax period immediately following each of those referred to in the previous section, provided that they maintain the status of emerging company.