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WORKING IN SPAIN

UPDATE: When will Spain’s new startups law come into force?

Now that the Spanish Parliament has finally approved the country's new startups law, when can foreign entrepreneurs and digital nomads expect the legislation to actually come into effect?

Dawn view of Toledo
Sunrise in Toledo, central Spain. A new dawn is starting for remote workers in the country thanks to the new startups law. But when will it come into force? Photo: Bearphotos/Freepik

Many remote workers have been waiting with bated breath to find out when they may be able to come and work in Spain by taking advantage of the country’s new startups law.

After a 16-month-long legislative road, Spain’s much anticipated Ley de Startup was finally approved in the Spanish Parliament on Thursday November 3rd, 2022.

Simply put, the law aims to attract international investors, digital nomads and new companies to Spain with visa incentives, tax breaks, fewer bureaucratic hoops and other benefits.

READ MORE: 15 things you need to know about Spain’s new startups law

Originally proposed back in 2019, the law has received 271 amendments during its journey through the Committee on Economic Affairs and Digital Transformation, the Spanish Cabinet and now the Spanish Parliament.

The last step before it comes into force is for it to be ratified by the Senate. Given the support the bill has already received from most political parties, this looks very likely to go ahead without issues in the coming weeks.

So when will the legislation be published in Spain’s state bulletin BOE and therefore come into force?

The Spanish government’s aim is for the startups law to come into effect on January 1st, 2023. 

MPs belonging to Spain’s right-wing popular party were outliers by not voting in favour of a law which received widespread support across the country’s political spectrum during Thursday’s parliamentary session. 

They argued that the law could have been more far reaching, but there are also reports that some MPs mistakenly voted against the legislation.

What seems clear is that after so many amendments and a long wait for the legislation to finally come to fruition, it seems unlikely that any politician will want to put a spoke in the wheel of a bill that’s been described as “pioneering” and necessary. As a member of centre-right party Ciudadanos put it, the law is “a bit late”.

The startups bill also includes a clause which says that the new fiscal measures will apply in the June 2024 annual tax declaration which deals with tax from 2023, a point which again suggests that Spanish authorities will do their best to ensure the startups law is up and running on January 1st of next year.

The Spanish government initially said the law would come into force in the second half of 2022, but consistent changes have delayed the launch. 

Back in October, Prime Minister Pedro Sánchez admitted there were obstacles faced by entrepreneurs and reiterated his commitment to “change laws where there are inefficiencies” and to “eliminate barriers”, as well as to adapt rules so that Spain can compete internationally.

“I am aware that there is still a lot to do”, he said, whilst at the same time acknowledging that the law does not achieve 100 percent of its objectives.

Member comments

  1. I’d love to know if the new visas either for startups or digital nomads will accumulate towards citizenship.

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VISAS

When will Spain’s golden visa scheme officially end?

Last April, Spain's PM said he would axe the golden visa through real estate investment, but no law has come into force yet. The government's coalition partner has now called for it to happen "immediately", so when will the scheme actually end?

When will Spain's golden visa scheme officially end?

On April 8th 2024, Spanish Prime Minister Pedro Sánchez announced his plans to get rid of the golden visa scheme which grants non-EU nationals residency in Spain when they buy real estate worth €500,000. 

“We are going to begin the procedure to eliminate the granting of the so-called golden visa, which allows access to Spanish residency when more than half a million euros are invested in real estate,” Sánchez told journalists in Seville.

READ ALSO: What the end of Spain’s golden visa means for foreigners

The golden visa is also available to those who invested €1 million in shares in Spanish companies, or €2 million in government bonds, or transferred €1 million to a Spanish bank account. These golden visa options will be kept in place.

It is thought that the government has made this decision regarding the golden visa through real estate as a response to increasing pressure due to the current housing crisis in Spain, and due to a spike in applications in the last two years. But some experts argue that it’s simply a political move. 

ANALYSIS: Is Spain’s decision to axe golden visa about housing or politics?

So when will the golden visas officially be axed and can you still apply for them in the meantime?

The truth is that no one knows exactly when the scheme will end because the government has not announced a date and the legislative change has not been published in the BOE state bulletin, and therefore is not yet in force.

Despite the big announcement by Sánchez and the international attention the news garnered, so far the Spanish Cabinet has only analysed a report studying the modification of the law that gives wealthy foreigners the chance to obtain residency without the commitments of residency (time spent in Spain, tax etc).

However, on Tuesday May 14th the government’s junior coalition partner, hard-left party Sumar, announced that they wanted to speed the process up and get the modification of the golden visa conditions as soon as possible through Spain’s different legislative branches.

Sumar spokesperson Íñigo Errejón told journalists his party has now registered an official bill proposal to eliminate the golden visa.

“The PSOE announced a study into the golden visa. Presenting a study is good, but presenting a law is better,” Errejón argued.

These visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market, he stated, adding that other countries such as Ireland, Portugal and Greece have already taken similar measures in order to not become “tourist colonies” or “money laundering” locations.

On average, draft bills take an average of five months to make their way through from the Spanish Cabinet to the Parliament, Senate, Parliament again and their eventual approval after publication in the state bulletin. 

Jesús Ruiz Ballesteros, economist and managing partner of Ruiz Ballesteros Abogados, a firm specialising in Spanish visas, has said that the news of the elimination of the golden visa has generated legal uncertainty for both investors and professionals, leading to a flood of enquiries.

“People ask why it hasn’t been withdrawn yet and they want to know if they still have time to apply for it,” he explained.

The cancellation of the residence permit has not yet been approved nor has it been published in the Official State Gazette, “therefore it is still valid”. 

The lawyer has criticised the government for not being clear and announcing an end date, a similar sentiment echoed by lawyer Miguel Manzanares, CEO of Manzanares Lawyers in Marbella, in conversation with Join Sean Woolley, Managing Director of Cloud Nine Spain.

“We know very little right now, it was really a very brief announcement by the Prime Minister and the Spanish Cabinet. 

“We don’t know what’s going to happen with the other golden visa avenues or how the law is going to be regulated…the small print, the conditions”.

“It will happen, it’s been decided by the Council of Ministers,” Manzanares argued when asked if there was any way the Spanish government could backtrack, but stressed that “we don’t have the answers” with regards to whether people can still apply for the golden visa or if those who already have it can renew. 

INTERVIEW: ‘There are three main alternatives to Spain’s golden visa’

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