“Innovative start-ups”
main content of new italian legislation
March 2014
www.incubatoreimpresa.it
Executive summary
• On 4th October 2012, the Italian Government approved the
“Further urgent measures for Italy’s economic growth” (Law
Decree n.179, 18 october 2012)
• This legislation recognizes that ‘innovative start-ups’ are
important for sustainable growth, technological development and
employment, in all sectors, as well as attracting to Italy
investments and talented people from abroad.
• The Law Decree has defined specific support measures for
‘innovative start-ups’
• ‘innovative start-ups’ is linked to innovation and technology
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
2
…..definition of a ‘innovative start-up’
• The core business consists of innovative goods or services of
high technological value
• It must have been established for no longer than 48 months
• It must reside or be subject to taxation in italy
• It has no turnover or has a turnover that does not exceed 5
million €
• It does not distribute profits in the first 4 years of its life
• It does not generate from a merger, demerger or divestment
process
MAIN REQUIREMENTS (art.25 DL. 179)
3
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
…..definition of a ‘innovative start-up’
• START UP CAN BE QUALIFIED ‘INNOVATIVE’ IF HAS 1 OF THE
FOLLOWING REQUIREMENTS
OTHER REQUIREMENTS (art.25 DL. 179)
4
a) 15% of its costs are related to R&D
b) At least 1/3 of the team is made up of people who either hold a PhD or
are PhD candidates at an Italian or foreign university or have conducted
researches for at least three yars, or at least 2/3 of the team is made up of
people holding a Master’s degree
c) It is owner or the licensee of a patent or a registered software
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
Main support measures (1)
• ‘innovative start-ups’ do not pay anything for their own creation
and registration at the Chambers of Commerce
No registration fees (art.26 DL. 179)
• ‘innovative start-ups’ can hire personnel through contracts wich
last at least 6 months and no longer than 36 months. After 36
months, start-ups can renew the contract for no longer than 12
months. Within this time frame, the contract can be renewed more
than once.
Labour law for ‘innovative start-ups’
(art.28 DL. 179)
5
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
Main support measures (2)
•priority access is granted to facilitations for the employment of
highly qualified personnel in innovative start-ups
•The credit is the 35% of labour cost (maximum credit amount:
200.000 €)
Credit deriving from tax return (art.27 bis DL. 179)
•‘innovative start-ups’ can remunerate their team members with stock
options
Stock options for the team (art.27art.27 bis DL. 179)
6
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
Main support measures (3)
• ‘innovative start-ups’ can remunerate the providers of external
services (eg: lawyers, accountants, etc..) with work for equity
Work for equity (art.27 DL. 179)
• For direct and indirect investments in ‘innovative start-ups’
• Tax incentive for years 2013, 2014, 2015, 2016
Tax incentives for corporate and private
investments in ‘innovative start-ups’
(art.29 DL. 179)
7
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
Main support measures (4)
• CONSOB, the equivalent of American SEC, has publish a specific
Regulation of equity-based crowdfunding. ‘StarsUp’ (www.starsup.it)
is the #1 Italian portal authorized by Consob for the on-line collection
of risk capital by innovative start-ups
Crowdfunding (art.30 DL. 179)
• Procedures semplified and free-of-charge access for ‘innovative
start-ups’ to the Government Fund that supports access to credit
through guarantees on bank loan
Access to Fondo Centrale di Garanzia (art. 30 DL. 179)
8
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
Main support measures (5)
•By ‘ICE’, the Italian Trade Promotion Agency.
•Support measures include free-of-charge participation to
international fairs and event, and assistance in the legal, corporate and
fiscal activities, etc.
Support to the internationalisation process
(art.30 DL. 179)
9
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702
law reference
• http://www.sviluppoeconomico.gov.it
10
Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it;
forconi@polotecnologico.it; +39 050 754702

Start ups new italian legislation

  • 1.
    “Innovative start-ups” main contentof new italian legislation March 2014 www.incubatoreimpresa.it
  • 2.
    Executive summary • On4th October 2012, the Italian Government approved the “Further urgent measures for Italy’s economic growth” (Law Decree n.179, 18 october 2012) • This legislation recognizes that ‘innovative start-ups’ are important for sustainable growth, technological development and employment, in all sectors, as well as attracting to Italy investments and talented people from abroad. • The Law Decree has defined specific support measures for ‘innovative start-ups’ • ‘innovative start-ups’ is linked to innovation and technology Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702 2
  • 3.
    …..definition of a‘innovative start-up’ • The core business consists of innovative goods or services of high technological value • It must have been established for no longer than 48 months • It must reside or be subject to taxation in italy • It has no turnover or has a turnover that does not exceed 5 million € • It does not distribute profits in the first 4 years of its life • It does not generate from a merger, demerger or divestment process MAIN REQUIREMENTS (art.25 DL. 179) 3 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 4.
    …..definition of a‘innovative start-up’ • START UP CAN BE QUALIFIED ‘INNOVATIVE’ IF HAS 1 OF THE FOLLOWING REQUIREMENTS OTHER REQUIREMENTS (art.25 DL. 179) 4 a) 15% of its costs are related to R&D b) At least 1/3 of the team is made up of people who either hold a PhD or are PhD candidates at an Italian or foreign university or have conducted researches for at least three yars, or at least 2/3 of the team is made up of people holding a Master’s degree c) It is owner or the licensee of a patent or a registered software Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 5.
    Main support measures(1) • ‘innovative start-ups’ do not pay anything for their own creation and registration at the Chambers of Commerce No registration fees (art.26 DL. 179) • ‘innovative start-ups’ can hire personnel through contracts wich last at least 6 months and no longer than 36 months. After 36 months, start-ups can renew the contract for no longer than 12 months. Within this time frame, the contract can be renewed more than once. Labour law for ‘innovative start-ups’ (art.28 DL. 179) 5 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 6.
    Main support measures(2) •priority access is granted to facilitations for the employment of highly qualified personnel in innovative start-ups •The credit is the 35% of labour cost (maximum credit amount: 200.000 €) Credit deriving from tax return (art.27 bis DL. 179) •‘innovative start-ups’ can remunerate their team members with stock options Stock options for the team (art.27art.27 bis DL. 179) 6 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 7.
    Main support measures(3) • ‘innovative start-ups’ can remunerate the providers of external services (eg: lawyers, accountants, etc..) with work for equity Work for equity (art.27 DL. 179) • For direct and indirect investments in ‘innovative start-ups’ • Tax incentive for years 2013, 2014, 2015, 2016 Tax incentives for corporate and private investments in ‘innovative start-ups’ (art.29 DL. 179) 7 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 8.
    Main support measures(4) • CONSOB, the equivalent of American SEC, has publish a specific Regulation of equity-based crowdfunding. ‘StarsUp’ (www.starsup.it) is the #1 Italian portal authorized by Consob for the on-line collection of risk capital by innovative start-ups Crowdfunding (art.30 DL. 179) • Procedures semplified and free-of-charge access for ‘innovative start-ups’ to the Government Fund that supports access to credit through guarantees on bank loan Access to Fondo Centrale di Garanzia (art. 30 DL. 179) 8 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 9.
    Main support measures(5) •By ‘ICE’, the Italian Trade Promotion Agency. •Support measures include free-of-charge participation to international fairs and event, and assistance in the legal, corporate and fiscal activities, etc. Support to the internationalisation process (art.30 DL. 179) 9 Monica Forconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702
  • 10.
    law reference • http://www.sviluppoeconomico.gov.it 10 MonicaForconi, Chief Operative Officer, www.incubatoreimpresa.it; forconi@polotecnologico.it; +39 050 754702