ENISA Certification — We Prepare and Submit Your Application
How to get your company officially recognized as a "startup" under Spain's Startup Law — and why the certificate unlocks tax savings and strengthens a Startup Visa application.
We assess your business against ENISA's eligibility and scoring criteria, then prepare and submit the certification file on your behalf, including the business plan documentation ENISA expects to see.
What ENISA Certification Actually Is
Spain's Startup Law (Ley de Startups) created a formal legal category for emerging innovative companies, separate from how any ordinary SL or SA is treated by default. ENISA, the public body that evaluates applications, checks whether a company meets the law's definition of an "innovative and scalable" business and, if so, issues a certificate confirming official startup status.
The certificate isn't just a label. It's the gateway to a specific set of tax breaks and, for founders relocating to Spain, it materially strengthens the case for routes like the Startup Visa. Immigration officers and tax authorities both treat ENISA-certified status as objective evidence that a company is a genuine startup rather than a conventional small business dressed up as one.
Certification sits downstream of incorporation — you need a registered company before you can apply. If you haven't set that up yet, see our guide to company registration for the incorporation steps that come first.
Eligibility Requirements
| Requirement | Detail |
|---|---|
| Company age | No more than 5 years old (7 years for biotech, energy, and industrial sectors) |
| Legal form | Must be a capital company — SL, SA, SLL, SAL, or a cooperative. Autónomos/sole traders don't qualify |
| Location | Registered office or permanent establishment in Spain |
| Workforce | Majority of employees must be under contract in Spain |
| Business model | Must be "innovative and scalable" — evaluated against ENISA's scoring criteria |
| Market status | Not listed on a regulated market; must not have distributed dividends |
| Turnover | Annual turnover under €10 million |
| Ownership compliance | Founders/shareholders holding 5%+ stakes must be current on tax and social security obligations |
| Independence | The company must be independent — not part of a larger corporate group that isn't itself a startup |
ENISA scores each application against these criteria, weighing the strength of the innovation claim, scalability of the business model, and how attractive the target market looks. There's a points threshold to clear — a well-documented business plan and pitch materials make a real difference here.
Application Process & Timeline
Fully Digital Application
The application is submitted entirely online through Spain's official startup platform, and there's no fee to apply. You'll need to provide company documentation, a business plan, and supporting evidence for the innovation and scalability criteria.
Evaluation
ENISA reviews the application against its scoring model. This is where the quality of your submission matters most — vague claims about being "innovative" rarely score well; you need specifics about the technology, the market gap, and the growth model.
The 3-Month Rule
ENISA has up to three months to issue a decision. If they haven't responded within that window, the certification is considered granted automatically under "positive administrative silence" (silencio administrativo positivo) — a rule that works in the applicant's favor if the process stalls.
Once certified, the company should keep documentation current, since eligibility can be reviewed and the underlying tax and residency benefits depend on maintaining the same conditions that qualified it in the first place.
Benefits of Certification
Reduced Corporate Tax Rate
Certified startups pay a reduced corporate tax rate of 15%, down from the standard 25%, for the first four profitable years.
Tax Deferral Without Collateral
In the first two years, certified companies can defer tax debts without needing to provide guarantees or collateral — useful cash flow relief while the business is still finding its footing.
Stronger Startup Visa Case
Certification is often a prerequisite or a strong supporting asset for the Startup Visa / entrepreneur residency route, since it gives immigration authorities independent confirmation that the business qualifies as an innovative venture.
Beyond these, certified status is generally viewed favorably by investors and can factor into eligibility for certain public grants and financing programs, though the specifics depend on the program. For the accounting side of running a certified startup — payroll, quarterly filings, annual accounts — our tax and accounting team can take that on once the company is up and running, and a properly set up business bank account makes managing that cash flow considerably easier.
FAQ
Do I need ENISA certification to apply for the Startup Visa?
It's not always a strict legal prerequisite, but in practice it's one of the strongest pieces of evidence you can submit, since it's an independent government confirmation that your business meets the innovation and scalability bar. Most founders pursuing the Startup Visa apply for certification alongside or before the visa application.
How long does certification take?
ENISA has up to three months to decide. If there's no response in that time, the certification is automatically considered granted under the "positive administrative silence" rule.
Can an autónomo (sole trader) get ENISA certified?
No. Certification is only available to capital companies — SL, SA, SLL, SAL — or cooperatives. If you're currently operating as an autónomo and want certification, you'd need to incorporate first.
What happens if my company grows past €10 million in turnover?
Once turnover exceeds €10 million, the company no longer meets the eligibility criteria and would lose certified status along with the associated tax benefits going forward.
USDoes ENISA certification affect how the US treats my company for tax purposes?
ENISA certification is a Spanish administrative status and doesn't change how the IRS classifies or taxes a foreign corporation owned by a US person. US reporting obligations, such as Form 5471, still apply independently of Spanish certification. We're not US tax advisors, so we recommend coordinating with a cross-border accountant to understand how the two systems interact for your specific ownership structure.
UKCan I get an existing UK startup certified after relocating it to Spain?
Potentially, but the company would generally need to establish a genuine Spanish presence — a registered office or permanent establishment here, with the majority of its workforce contracted in Spain — before it could qualify. Simply keeping a UK company and adding a Spanish mailing address wouldn't meet the bar. This kind of restructuring is worth mapping out with a specialist who can look at your specific corporate setup.
Find Out If Your Startup Qualifies
We'll review your business model against ENISA's criteria and map out the certification process with you.
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