According to the senses of the co. 2 of the art. 25 of the D.L. n. 179/2012, the innovative start-up is a company, also constituted in a cooperative form, by Italian law or European company, resident in Italy whose shares or capital shares aren’t rated on regulated markets, and it is in possession of the following requisites:
Obligatory requisites (every requisite must be existing)
- Possession, at the moment of the constitution and for the following 24 months, of the majority of the shares or capital shares and of the rights of votes in the ordinary assembly, by individual person.
- Constitution and carrying out of business enterprise since no more than 48 months (In relation to the enterprises in force since 18/12/2012 effective date of the “LAW OF CONVERSION”).
- Headquarters in Italy
- Total value of production must not be over 5 million Euro, starting from the second year of activity.
- No profit distribution (for the duration of the facilitated system) and even for the past
- To have as exclusive or prevailing corporate purpose the development, the output , the marketing of innovative technology products or services (on the point the Legislator could be more precise because there isn’t a correct definition about innovative or high technology products or services.
- Don't derive by corporate merger or corporate division or following transfer of an enterprise or branch of it.
Optional requisites (at least one of them must be existing)
- Research and development costs are equal or above 20% of the greatest value between cost and total of production value.
- Employment for an equal or higher percentage to the third one of the general labour force, staff must be in possession of specific professional qualification and titles, as the doctorate of research.
- To be owner, depositary or licensee of at least one industrial monopoly related to an innovation concerning corporate purpose or business enterprise.
Text drawn by "TAX BREAK CONCERNING INNOVATIVE STARTUP" of Paolo Ferrari
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