Spain's Startup Law explained: ENISA certification, tax and visas

Spain's Startup Law as of October 2026: who qualifies, how ENISA certification works, the 15% corporate tax rate, investor rules and founder visa routes.

Spain's Startup Law (Ley 28/2022, often called the Startup Act or Ley de Startups, in force since 23 December 2022) gives certified young, innovative companies a 15% corporate tax rate for up to four years, starting with the first profitable one, tax payment deferrals, a larger tax-free allowance for employee shares and lighter paperwork for foreign investors. To use any of it, a company must first be certified as an empresa emergente (startup) by ENISA, the state-owned innovation lender, in a free procedure with a three-month legal deadline. Non-EU founders who want to move to Spain have a separate entrepreneur residence permit, which also depends on an ENISA report.

The rules below are as of October 2026, taken from the law, its 2023 implementing order and ENISA's guidance. This is not tax or legal advice.

Who counts as a startup under the law

Article 3 lists conditions a company must meet at the same time:

Age: newly created, or no more than five years since its incorporation deed was registered. The limit is seven years for biotechnology, energy and industrial companies, and for companies that developed their own technology designed entirely in Spain.
Origin: not the product of a merger, split or conversion of companies that are not startups themselves.
No dividends: it does not distribute, and has never distributed, dividends.
Not listed on a regulated market.
Based in Spain: registered office or permanent establishment in Spain.
Staff: at least 60% of the workforce on Spanish employment contracts. ENISA applies this only to companies that have employees.
Innovative and scalable: the business model must pass ENISA's assessment.

Under article 6, benefits end when annual turnover passes €10 million, when a non-startup acquires the company, or when the age limit runs out. Companies behind on tax or social security payments are excluded, as are those tied to certain criminal convictions, including of a director or a shareholder with at least 5%. Sole traders (autónomos) cannot be certified: the applicant must be a company or a cooperative.

How ENISA certification works, step by step

The procedure is set out in Orden PCM/825/2023 and on ENISA's certification page, which says it is free.

Register on ENISA's client portal and start a certification request. ENISA advises signing up to DEHú, the government's electronic notification inbox, to receive the decision.
Upload the documents required by the order: the company's tax number (NIF), registered incorporation deed, last closed annual accounts, certificates of being up to date with the tax agency and social security, a signed responsible declaration on the legal conditions (signed no more than three months before submission) and a business plan. A company that has not yet closed a financial year can say so instead of uploading accounts.
Analysis: ENISA may ask for extra information, which pauses the clock.
Decision: ENISA has three months from a complete application. Without a decision in time, the request counts as approved. Benefits apply from the date of certification, and ENISA informs the Mercantile Registry, where the status is recorded.

How innovation and scalability are judged

A company is treated as innovative if it meets at least one objective test in the order, for example:

R&D and innovation spending of at least 15% of total expenses over the previous two years, or the previous year for companies younger than two years;
public funding or investment for R&D or innovative projects in the last three years, without revocation (an EU grant such as the EIC Accelerator is one example);
a reasoned report on its high degree of innovation from the Ministry of Science, the Innovative SME seal, social security rebates for employing researchers, or certain AENOR innovation certificates.

Otherwise ENISA looks for protected technology (patents, software or know-how, but not trademarks) or innovation in products, processes, services or the business model. Scalability is judged on market attractiveness, stage (prototype, minimum viable product or product on sale), business model, competitors, team, suppliers and customers. An active ENISA loan signed in the last three years, without incidents, counts as direct proof of scalability. ENISA may refuse models with reputational, regulatory, ethical or speculative risks.

A refusal can be appealed (recurso de alzada) within one month. Certified companies must report changes that could affect their status, and ENISA can withdraw the certificate.

Tax benefits for the company

15% corporate tax: under article 7, a certified startup pays 15% in its first tax year with a positive taxable base and the three following years, as long as it keeps the status. The general rate under the Corporate Tax Law is 25%, but smaller companies already pay less: for tax periods starting in 2026, 23% if the previous year's turnover was under €10 million, and 19% on the first €50,000 of taxable profit and 21% on the rest if it was under €1 million. Other newly created companies get 15% for their first two profitable years.
Deferral: tax for the first two profitable years can be deferred by 12 and 6 months respectively, with no guarantee or late-payment interest, if the return is filed on time and the company is up to date with its taxes.
No instalment payments: the company does not have to make advance corporate tax payments in the year after each of those two years.

Benefits for employees and investors

Employee shares: under the personal income tax law, shares given to employees of a certified startup are tax-exempt up to €50,000 a year, against €12,000 at other companies. For stock options, the company must qualify as a startup when the options are granted. Tax on value above €50,000 is deferred until the shares are sold or listed, and at most ten years after delivery.
Own shares for incentive plans: startups organised as limited companies (SL) may acquire up to 20% of their own capital for a remuneration plan for directors, employees or collaborators.
Investor deduction: individuals investing in new or recently created companies (with equity of no more than €400,000) can deduct 50% of the amount from personal income tax, on up to €100,000 a year (article 68). For certified startups, the investment window is seven years from incorporation instead of five, and founders are exempt from the usual 40% ownership cap. Shares must be held for more than three and less than twelve years.
Foreign investors: non-resident individuals investing in a Spanish startup only need a tax number (NIF) from the tax agency, not a foreigner identity number (NIE). The agency has ten working days to issue it, and can revoke it if no investment is shown within six months.

Company-law shortcuts

For startups set up as limited companies, registration of the company and its corporate acts within five working days, or six working hours with standard bylaws.
Losses that cut equity below half the share capital do not force dissolution until three years after incorporation, unless insolvency is due.
Startups in regulated sectors can request a test licence of up to one year from their regulator.

Visa and residence routes for founders

The Startup Law also rewrote parts of Ley 14/2013, the residence law for entrepreneurs, investors, skilled professionals and remote workers. These permits are for non-EU nationals; people with EU free-movement rights do not need them. The ENISA report used for a residence permit is a separate procedure from the startup certificate.

Entrepreneur residence permit

Who: non-EU nationals who want to start, develop or run a business that is innovative and/or of special economic interest for Spain.
Where: the application goes online to the Large Companies and Strategic Groups Unit (UGE-CE), filed by the applicant or a representative. From abroad, one application covers permit and visa; after approval, the applicant requests the visa.
ENISA report: UGE-CE asks ENISA for a mandatory report, due within ten working days. The applicant completes ENISA's online form, which asks for the project, its innovation, the market, investment and financing for the next 18 to 24 months, and forecasts for four years.
Criteria: the applicant's professional profile and role in the project, the business plan and its funding, and the value added for the Spanish economy.
Duration: three years, valid across Spain, renewable for two more; permanent residence is possible after five years.

General requirements for these permits: being over 18, no criminal record in Spain or countries of residence over the last two years, health insurance, sufficient funds for themselves and their family, and payment of the fee. Family members can apply with the main applicant.

Remote work visa

The international telework visa lasts up to one year; the follow-on residence permit lasts up to three years, renewable for two-year periods. Applicants need a degree or three years of experience and at least three months of work for a company outside Spain that has operated for at least a year. Salaried holders may only work for companies outside Spain; self-employed holders may take up to 20% of their work from Spanish clients.

Special tax regime for new residents

People who become tax resident in Spain after five years without Spanish residence can opt, under article 93 of the income tax law, to be taxed under non-resident rules in the year of arrival and the following five. The Startup Law cut the required period without Spanish residence from ten years to five and extended the regime to entrepreneurs approved through the ENISA procedure, highly qualified professionals working for startups and employees working remotely with the telework visa; company directors are also covered. Income other than savings is then taxed at 24% up to €600,000 and 47% above.

For other countries, see our comparison of seven startup visas in Europe. Spanish company news is in Startups, and founder profiles in Founders.

Frequently asked questions

How long does ENISA startup certification take?

ENISA has up to three months from a complete application, and requests for more documents pause that period. If no decision is notified in time, the application is treated as approved.

Does Spain's startup law cut corporate tax to 15%?

Yes. As of October 2026, certified startups pay 15% corporate tax in their first profitable tax year and the three following years, as long as they keep startup status. The general rate is 25%; smaller companies without certification pay 19–23% for tax periods starting in 2026.

Is the certificado de empresa emergente free?

Yes. ENISA states that its certification process has no cost for the applicant company.

How long is Spain's entrepreneur visa valid?

The entrepreneur residence permit is valid for three years and can be renewed for two more. After five years of residence, the holder can apply for permanent residence.