Recognition of Startup and Scale Up Status

The Law no. 21/2023, of May 25th, has defined the legal concepts of startup and scale up and has established the regime of recognizing such status. Here you can find out everything on how to recognize the status of your startup or scale up.

Startup Portugal helps you step by step in obtaining the recognition of your startup or scale up. You can apply for your status on the gov.pt portal.

Start your process here

Requirements for recognition of startup status:

  • To be a legally incorporated entity in Portugal;
  • Be less than 10 years old;
  • Have fewer than 250 employees;
  • Have a turnover of less than 50 million;
  • Not be the product of a demerger or transformation of a large company, and not have a direct or indirect majority shareholding in a large company
  • Meet one of the following conditions:
    • It is an innovative company with a high growth potential, with an innovative business model, products or services, and which has been recognized as suitable by ANI – Agência Nacional de Inovação, S. A., in the practice of research and development activities or certification of the process of recognition of companies in the technology sector;
    • Has completed at least one round of venture capital funding;
    • Has received investment from Banco Português de Fomento, S. A., or from funds managed by it, or by its subsidiaries, or from one of its equity or quasi-equity instruments.

(according to Law no. 21/2023)

Requirements for recognition of scaleup status:

If they are more than 10 years old, have more than 250 employees or a turnover of 50 million, entities can still apply for scaleup status if they are qualified to receive professionals under the Tech Visa and meet the other conditions of the Law.

How do I get my startup recognized?

1. Accessing the Single Public Services Portal

Go to gov.pt and search for Startup and Scale Up Status.

2. Fill in the Form and Submit the Application

3. Issuing the certificate

Check the list of companies recognized with startup status

Get to know the companies that have the startup or scale up status in the table below or through this link.

Request for Prior Declaration from Startup Portugal

All relevant documentation can be found in the Manual of Procedures.

Start Your Process Here!

Prior Declaration from Startup Portugal

This process does not substitute the application for Startup or Scaleup recognition, but is an alternative for applicants who do not meet one of the requirements set out in paragraph 1 f) of Law 21/2023, while complying with all the others.

Recognition Benefits

The Scientific Innovation and Innovation Tax Incentive (IFICI) is a new instrument that promotes the establishment of talent and skilled labour, particularly professionals who have been abroad for at least 5 years and join recognized startups. They can benefit from a rate of 20% on their personal income tax for 10 years.

Revision of the stock options regime, which now pays a single effective rate of 14% in IRS, and only at the time of liquidation.

With the recognition you can be able to participate in Startup Programs like:

Benefits under entrepreneurship and innovation programs such as Mar2030.

FAQ

 

  • Declaration of commencement of activity;
  • IES Declaration;
  • Permanent Certificate;
  • Have one of the following documents:
    • I-D Seal or Recognition of companies in the technology sector from ANI;
    • or documentary proof from IAPMEI or CMVM that you have received a round of funding from a venture capital, venture capital or business angel;
    • or documentary proof of investment by BPF;
  • Tech Visa certification (in the case of Scale Up recognition).

See the “Recognition Benefits” section above.

  • Startup Status:

See “Requirements for recognition of startup status” at the top of the page.

 

  • Scale Up Status:

The status is awarded to companies that, although they may not meet the requirements of paragraphs 1 a), 1 b) and 1 c) of Article 2 of Chapter II of Law no. 21/2023 of 25 May, meet the other requirements of the law and hold the Tech Visa certification, under the terms of Ordinance no. 328/2018 of 19 December.

The process of Recognition of Startup or ScaleUp Status requires the applicant entity to be a legal person. The form must be completed by board member or a lawyer with the capacity to legal represent the company. If you want your employer company to be able to hold Startup or Scaleup status, you should ask the management/administration to submit the form.

Complying with the terms defined in Article 2(f)  of Law no. 21/2023 of 25 May or proceeding with the Request for a Prior Declaration are two viable ways to obtain Recognition of Startup and Scale Up Status.

The Request for Prior Declaration does not replace the request for Recognition of Startup or Scale Up Status, but is an alternative for applicants who do not meet, or have no way of proving, one of the requirements set out in Article 2(1)(f) of Law 21/2023 of 25 May, while complying with all the others.

The Request for Prior Declaration is made by filling in the following form (see the Manual of Procedures available above on the page for the information requested on the form).

If you apply for a prior declaration, you must wait until it has been finalized before applying for recognition of your startup or scale up status via the gov.pt portal.

  • Recognition of Startup and Scale Up Status

Startup Portugal will analyse the request within 5 working days:

  1. Notification of the probable refusal of the application and for the exercise of the right to a hearing by the applicant, who may comment on the draft decision within 10 working days;
  2. Decision to approve the request.

 

  • Request for Prior Declaration

30 working days.

A scale up is considered to be a legal person that, while not complying with the requirements set out in Article 2(1)(a), (b) and (c), holds a tech visa certificate, under the terms of Ordinance 328/2018, of 19 December, and complies with all the other requirements set out in Article 2(1) of Law 21/2023, of 25 May.

If a company no longer fulfils one of the requirements set out in the Law, it must notify Startup Portugal within 30 days. If the requirement is one of those listed in a), b) and c), the company will have to renew its status as a scale up.

IFICI enrolment must be carried out in the personal area of the Portal das Finanças. It must be completed by 31 March 2025.

After submitting the request, both in the case of the Recognition of Startup and Scale Up Status and the Request for Prior Declaration, the organisation receives an email notifying that the request has been made with the process number identified.