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WORKING IN SPAIN

Spain passes startups and digital nomad law

The Spanish Parliament has given the green light to a new startups law which will bring tax benefits and other perks to entrepreneurs, remote workers and digital nomads who want to live and work in Spain. 

spain startups law economic affairs minister nadia calvino
Spain's Economic Affairs Minister Nadia Calviño says the new startups law will put Spain at the forefront of the current global digital transformation. (Photo by Michal Cizek / AFP)

It’s been in the pipeline for 16 months, but on Thursday evening Spain’s Parliament finally approved its highly anticipated startups law, or Ley de Startups.

The legislation had already been greenlighted by Spain’s Commission for Economic Affairs and Digital Transformation, which made 271 amendments to the initial draft bill, as well as the Spanish Council of Ministers.

Its approval in the Spanish Parliament is a crucial step for the law to come into force, which is expected to be in January 2023, once the Senate has processed its parliamentary implementation.

The law was given the thumbs up in the Spanish parliament by 177 MPs, with 75 abstentions (by far-right party Vox and Catalan parties Junts and ERC) and 88 votes against (mostly from MPs belonging the right-wing PP who called for the law to be more far reaching).

This majority is expected to guarantee the legislation is ratified without trouble in the Senate in the coming weeks.

READ MORE:  When will Spain’s startups law actually come into force?

“It’s one of the most enjoyable moments I’ve experienced in the Parliament,” joked Economic Affairs Minister Nadia Calviño about the support the “pioneering” legislation has received from across the country’s political spectrum.

“It’s a law that will allow Spain to be at the forefront in the push and promotion of talent in this rapidly growing digital economy”.

Spain already attracts many foreigners from around the world thanks to its great climate and famed quality of life, but up until now it hasn’t been legally possible for many remote workers or digital nomads to work here without the correct visa or complex paperwork.

In 2015, Spain ranked among the worst OECD countries to start a business in, so the hopes are that the new law will change this reputation. 

The startups law will be open to anyone from the EU or third countries, as long as they haven’t been a resident in Spain in the previous five years, and it will allow workers to gain access to a special visa which can be renewed for up to five years. 

EXPLAINED: 15 things you need to know about Spain’s new law for startups and digital nomads

It will give startups and investors a reduction in Corporation Tax from 25 to 15 percent during the first four years and will also allow digital nomads and other remote workers to pay Non-Residents Tax (IRNR), rather than the regular income tax Spanish residents pay (IRPF). 

The law also includes a new visa that will allow digital nomads to stay and work in Spain for a period of one year. Once it has expired, they will be able to extend it by requesting a residence authorisation as a remote worker for a further two years and then extend it again, up to five years.

What hasn’t been confirmed yet are the exact conditions and requirements digital nomads will have to meet, such as the minimum amount they’ll have to earn or the type of qualifications they might have to have. 

Some experts believe that the government will set this at around €2,000 per month.

It’s also not clear yet whether digital nomads will have to pay social security and be eligible for state health care or if they’ll have to get private health insurance to meet the requirements for the visa.

READ ALSO: Everything there is to know about Spain’s new digital nomad visa

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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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