UPDATES THAT WILL BE INTRODUCED BY THE FUTURE “START UPS” LAW ON THE IMPATRIATES TAX REGIME

The future «Start Ups» Law, which has already passed the first-step of the approval by the Spanish Parliament and that now needs the approbation by the Senate, introduces important modifications in regards to the Special Tax Regime for those workers who have been posted to the Spanish territory (onwards, impatriates).

 

What’s new in the future law:
  • It facilitates the fulfilment of some requirements and includes a few options in order to attract entrepreneurs and digital nomads.
  • One of the biggest changes is the reduction of non-residence period in Spain prior to the year of transfer that goes from ten to five years.
  • Also, so far the reasons that used to justify the displacement only were physical transfers due to the beginning of an employment relationship or the acquisition of the status of company director (with participation to the share capital of less than 25%).
  • Besides, the new text of the Law, aiming to attract the “digital nomads», contemplate the case of work activity provided remotely (telework) by the exclusive use of IT and telematics systems.
  • Entities’ directors are also allowed whatever their participation to the share capital is, whilst the limit of 25% on the share capital is kept for company’s directors. It also introduces the possibility to carry out an entrepreneurial activity (innovative with special economic interest for Spain).
  • Finally, it will allow to extend the application of the special regime for impatriates to the spouse and children under 25 years of age (or any age if they are disabled) whom move with the taxpayer or will do so afterwards but within the year in which the taxpayer pays for the special tax regime.

 

If you are interested in Start Ups or in the news about them, do not hesitate to contact us. Our team will inform you about the tax regime for impatriates in the new future law.

ANDORRA: CHANGES IN RESIDENCY REQUIREMENTS ANNOUNCED

On September 12, 2022, the session of the General Council (parliamentary chamber of the Principality of Andorra) held the political orientation debate, which began with the intervention of the Head of Government, Xavier Espot.

In this intervention, the Andorran president communicated a series of measures aimed, according to Mr. Espot himself, at moving towards a more harmonious and balanced model of the country with resources and a tourism model. Espot himself, to move towards a more harmonious and balanced model of country with resources and a more sustainable and quality tourism model.

In this programmatic context, the Head of Government announced measures to enable the Principality to opt for value-added foreign investor profiles, in areas such as innovation and sustainability.

Specifically, Mr. Espot announced the increase in the amount of economic investment or deposit to be made by the applicants in the passive or self-employed residence who decide to settle in Andorra.

Thus, in the case of passive residents, the necessary investment would increase from 400,000€ to 800,000€ and in the case of self-employed residents, the deposit to be made would increase from 15,000€ to 50,000€.

The Head of Government clarified that limitations will be introduced in the case of investments in real estate in order not to introduce further tension in the housing market.

It was also announced the intention that these announced legal changes should be imminent and approved through the urgency procedure instead of the ordinary legislative procedure.

At the time of writing, there is no record of any legal initiative having been presented in this regard, so we will be ready to follow up on any developments in this regard. If you need more information, please do not hesitate to contact us.