(The taxation of carried interest in personal income tax after Law 28/2022, promoting the ecosystem of emerging companies)

(The taxation of carried interest in personal income tax after Law 28/2022, promoting the ecosystem of emerging companies)

Abstract:

With the approval of Law 28/2022, of December 21, to promote the ecosystem of emerging companies, it has been introduced in general, for the first time in our system - previously, it had only been regulated in the regional regimes since the year 2019-, the tax regime for the perception of carried interest for the participation of administrators and workers in the successful management of companies that are financed with venture capital.

Regime that shows that the legislator has chosen to do so in accordance with the origin or source, classifying it as income from work and not as coming from movable capital, but establishing a 50 percent exemption, which, by significantly correcting the progressivity that supports, is equated with the taxation of income that is included in the special part of the tax base. Which represents, without a doubt, a boost to the function that venture capital entities are called to fulfill, according to the specific regulations that regulate them.

Keywords: carried interest, private equity, taxation, private equity managers