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Notes about the draft Law on supporting entrepeneurs
06.04.2013 Tax

The draft Law on supporting entrepreneurs


The Cabinet received a report on the Draft Law of supporting entrepreneurs and their internationalization. It is a complete and comprehensive law, which includes the work of virtually all ministerial departments, which aims to facilitate all business activity and business: from the creation of companies and their taxation, funding and support as the need for more fluid relationship between business and government, and, if necessary, provide easier when difficulties to solve business through various measures related to what is called "second chance ".
The Draft Law is one of the most important structural reform program of government reform. Complements the Royal Decree of 22 February 2013 on measures to support employment and entrepreneurial growth stimulus and job creation, through which they pass certain measures to support entrepreneurship, announced by the Prime Minister at the Debate on the State of the Nation.
The purpose of the Act is to support entrepreneurship and business, promote their development, growth and internationalization and promote entrepreneurial culture and an environment conducive to economic activity. It has a wide scope and horizontal entrepreneurs considering all individuals and companies that develop a productive economic activity.

SUPPORT FOR ENTREPRENEURSHIP

The draft includes a number of measures to promote a culture of entrepreneurship and facilitate your business activities.
Entrepreneurship in educational levels
In education, in line with the Law Project for the Improvement of Educational Quality will ensure that the curricula in primary and secondary responsibilities include entrepreneurship, will encourage a closer relationship to the university entrepreneurial culture and ensure that teachers have training in entrepreneurship.

Entrepreneur Limited
A new figure commercial, entrepreneurial Private Limited (ERL), through which the liability of corporate debts will not affect your residence, if their value does not exceed three hundred thousand euros. To properly protect the creditors and traffic safety law, devised the appropriate registration requirements for publication of the disclaimer.
However, the limitation of liability shall not apply with respect to debts of public law, or when the employer had acted fraudulently or with gross negligence in fulfilling obligations to third parties.

Successive Limited Company Formation: new subtypes corporate
To reduce the initial cost of setting up a company, it allows the creation of companies with capital of less than three thousand euros, a system identical to the limited liability company, unless certain specific conditions designed to protect the interests of third parties, including which are the limits to the remuneration of members and administrators, as well as joint and several liability of the partners in the event of liquidation.
Points of Attention Entrepreneurs
In order to expedite the start of entrepreneurial activity, creates care points to the Entrepreneur to be single windows through which you can complete the procedures to start, exercise and cessation business activity. Point of Care Entrepreneur of the Ministry of Electronic Industry, Energy and Tourism will provide all the services under the Act. This item comes from the integration of multiple windows that exist today for assistance in starting the activity at the state level: Points of Advice and Top of processing, enterprise single windows and one-stop services directive . Moreover, entrepreneurs can become a flexible, both as employers limited, as in corporate form, through simplified models and telematics systems.
Second chance: settlement payments
To facilitate the second chance is forecast extrajudicial debt negotiation mechanism for employers, whether individuals or companies, similar to those existing in neighboring countries. The procedure is very flexible and substance-court, brief in time before a Registrar or a notary, although these are limited to designate a suitable professional and independent promote the agreement and ensure that the requirements of publication and advertising registration necessary to carry out the purposes pursued with good arrangement.
It is expected that they can negotiate reductions of up to 25 100 credits and wait up to three years, except for loans of Public Law, where not only allows the availability of such deferral. Not be affected those loans and they have a very special guarantee as collateral, which may not, in the same way that public law, be affected by the settlement.
Finally, for self and for the new Entrepreneur Limited, is expected to increase from one to two years the period that must exist between the notification of the first seizure and conducting due diligence material Auction the contest or any other administrative alienation when affecting an autonomous residence, if foreclosure proceedings for debt or Social Security tax.

TAX MEASURES AND SOCIAL SECURITY SUPPORT THE ENTREPRENEUR
VAT cash
• right to diminish the problems of liquidity and access to credit for businesses is created in the field of value added tax under the special criteria box.
This system can accommodate taxpayers trading volume does not exceed two million, the regime under which taxpayers are eligible for the tax system, which delays accrual and subsequent declaration and payment of the output tax in most commercial operations until the time of payment, in whole or in part, to its customers.
However, taxpayers will see delayed, also, the deduction of VAT paid on their purchases until the time you pay them for their suppliers.
Benefits of investment incentives
Companies with a turnover of less than ten million can deduct up to 10 100 of the profits in the fiscal year that is reinvested in the economy.

Tax incentives for business growth through innovation
It allows deductions for R & D that can be applied in practice can recover through a unique system of Spain returns. This deduction is not subject to any limit on the gross income tax and, if applicable, shall be paid the tax credit for R & D, with a combined maximum of three million year, although with a discount rate compared to the amount initially planned deduction as long as they keep the R & D and employment.

Tax incentives for the transfer of intangible assets ("Patent Box")
Modifies the tax applicable to income from certain intangible assets. In this sense, it is intended that the incentive falls on net income derived from the donated assets and not the income from it. It expands on the other hand, the application of the tax for assets acquired under certain limitations, and the supposed transfer of intangible assets.
Tax incentives to "angels"
With the aim of encouraging the recruitment for companies, new or newly established funds from the taxpayers, in addition to financial capital, bring their business or professional knowledge appropriate to the development of the society in which they invest, local investors or "business angel", or those who are only interested in providing capital, "seed", establishes a new tax incentive on Income Tax of Natural Persons.
• Deduction of 20 100 in state income tax share on the occasion of the investment coming into society. The basis of the deduction is maximum of twenty thousand per year.
• Total exemption from capital gains out of the company, if reinvested in other new or newly created entity

Quote social entrepreneurs in multiple employment situation
Not to overly penalize those employees listed in the general and should also contribute to another scheme to make a full time when alternative economic activity, reduced social security contributions so that would alleviate the current penalty and s' encourage multiple employment, stimulating new high in the Special Self-Employed.


MEASURES TO SUPPORT THE FINANCING OF ENTREPRENEURS
Amending the Bankruptcy Act in the matter of preconcursal refinancing agreements for two purposes: first, to regulate in a more comprehensive and more flexible registration procedure for appointing experts, on the other hand, to include rule clearer and more flexible computing mostly passive sign the agreement and enforceable as minimum legal requirement for judicial approval discretion.
Additionally, it improves the regulatory framework of international bonds, adding clarity to the assets that serve as hedges. Moreover, it creates a new instrument, the "good internationalization" in order to add more flexibility to issue securities that have a cover loans related to internationalization.


MEASURES TO PROMOTE GROWTH

Reduction of administrative burdens
In general, we review the business climate through improved regulation of economic activities. It also states that, to reduce the administrative burden faced by entrepreneurs, governments must ensure to eliminate at least one administrative burden for each entering and always equivalent cost .
Reduce the statistical burden, so ensuring that employers do not have to answer any more of a survey by the National Institute of Statistics during the first year of activity, if they have less than fifty employees.
In labor, extending the circumstances in which SMEs can directly assume the risk prevention in case of employers with a single workplace to twenty employees.
It also eliminates the requirement that companies have, in every workplace, a guestbook available to officials of the Inspectorate of Labour and Social Security officials and technical skills to carry out actions checking on the prevention of occupational hazards. Instead, it is the Labour Inspectorate which is responsible for keeping this information by electronic means.
Moreover, it opens the possibility that employers electronically legalize their books required in the Registry.
In the field of service activities, amending the Law on urgent measures to liberalize trade and certain services on December 26, 2012, to extend the threshold of maximum area establishments are exempt municipal license and how to expand the list of exempt activities apply for a municipal license.
In the field of accounting, reporting requirements are streamlined economic-financial companies. Raised the maximum thresholds for the balance of the abbreviated formulation to increase the number of companies that can make the balance, memory and the statement of changes in equity and shortcuts that make exempt from state cash flows.

Removing barriers to the access of entrepreneurs in tender
First, to connect to small entrepreneurs engaged in the same activity, including the possibility that employers might occur high in the Official Registry of Bidders and Classified Companies of the State.
Second, elevated thresholds for the requirement of classification works contracts and service, which is still an obstacle for many companies, especially for those smaller or new ones because they do not able to meet all the requirements for the appropriate classification.
In particular, in works contracts the threshold rises to € 150,000, from 350,000 euros to 500,000 euros and 80,000 euros for service contracts, from 120,000 to 200,000 euros.
Third, it is anticipated that guaranteed contracts would constitute work by withholding the price and shorter deadlines for the return of collateral, from twelve months to six months if the contractor is small and medium enterprises.
Finally, in order to combat delinquency is reduced from eight to six months the period of delay only apply • terminate the contract if the contractor is a small business, and includes a new article to establish a greater control payments to contractors were awarded to subcontractors.



Encourage the internationalization COMPANY AND THE SPANISH ECONOMY

Institutional framework and support instruments for internationalization
Through the Draft reinforces the institutional framework of support internationalization, as well as some of the main financial instruments to support internationalization.
Biennially, the Ministry of Economy and Competitiveness prepare a Strategic Plan for Internationalization of the Spanish economy, including sectoral and geographical priorities and action plans of agencies with jurisdiction in the matter. Establish a system of evaluation and monitoring instruments that make up the plan, the results will be public and will be used for future regulatory changes and management.
Moreover, it enhances the performance of the network and outside the Ministry of Economy and Regional Competitiveness and strengthened the role of ICEX Spain Investment and Export Promotion Agency as internationalization and competitiveness of Spanish companies at all stages of this process.
Regarding reform of financial instruments to support internationalization, improving the design of the Fund for Foreign Investment (fiexed), the Fund for the internationalization of the company (FIEM) and the Convention of Reciprocal Interest Adjustment (CARI).
Finally, develop the necessary mechanisms to Spanish companies have greater access to open projects in competition for international financial institutions in other countries.

Attract talent and investment: new visa regime and residence permits
It facilitates and streamlines the permitting residence for reasons of economic interest, through a procedure faster and faster, before a single authority, the individuals are classified as:
First. Investors who make a significant financial investment or business projects aimed considered accredited and general interest, for example, its impact on creating jobs or for their contribution to scientific innovation and / or technology.
Two. Entrepreneurs with respect to a particular activity with innovative financial interest. Be assessed primarily job creation, as well as professional profile • single applicant, the business plan or the value added for the Spanish economy.
Three. Highly qualified:
- Staff management, highly qualified or part of a business project of general interest.
- Postgraduate universities and business schools recognized.
- Professionals who wish to perform research, development and innovation in public or private.
Four. Intra-corporate transfer: foreign travel to Spain as part of an employment relationship, professional or vocational reasons, for a period equal to the transfer.



PROJECT "employee 3"

In addition, the Cabinet has approved an agreement to promote and expedite the procedures for starting the business. The "employee 3" advantage • co-operation between government, new technologies and regulations of tax officials, replacing the previous licensing regime to control afterwards.
"Embark on 3" is an online processing system for the establishment and implementation of a business. It is a platform developed with the participation of the general administration of the State, the regions and local authorities, represented by the Spanish Federation of Municipalities and Provinces.
The platform allows the necessary formalities with the three administrations simultaneously, and the system sends statements to local officials.
"Embark on 3" using existing technology resources in government, so its implementation poses no additional cost: Information System of the Ministry of Industry, Energy and Tourism; SARA network that connects all government Spain and the Portal of Local Authorities.


 

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