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.