Law 18/2022, of September 28, on the creation and growth of companies, modifies in its article 11 the Law 38/2003, of November 17, General Law on Subsidies, in such a way that:
- A company may not receive a grant of more than €30,000 if it does not meet the payment deadlines stipulated in Law 3/2004 on combating late payment (60 days). Compliance with this requirement will be made by means of a responsible statement for companies that can present abbreviated P&L accounts, and by means of a certificate issued by a ROAC auditor for the rest of the companies.
- For an expense to be eligible , it must have been paid within the payment period established in the applicable sectorial regulations, if applicable, or in the absence thereof, in Law 3/2004 on the fight against late payment (60 days).
It is important to establish a vigilance in the payment processes so that they are agile and in accordance with the law. Non-compliance or partial compliance with the law may be grounds for refusal of aid, as well as for revocation of aid already granted (not only for those expenses in which the law has not been complied with, but also for any other expenses of the project or of the company in general).
The text with the specific terms of the new Law provides as follows:
One. A new paragraph 3 bis is introduced to Article 13 (Requirements to obtain the condition of beneficiary or collaborating entity), with the following wording: "3 bis. For subsidies of more than 30,000 Euros, when the applicants are only subjects included in the scope of application of Law 3/2004, of December 29th, establishing measures to combat late payment in commercial transactions, the companies that fail to comply with the payment deadlines foreseen in the aforementioned law will not be able to obtain the condition of beneficiary or collaborating entity. This circumstance will be accredited by the companies that, in accordance with the accounting regulations, may present an abbreviated profit and loss account, in accordance with the provisions of article 26 of the Regulations of this law. For those companies which, in accordance with accounting regulations, cannot present an abridged profit and loss account, the need to accredit compliance with the legal payment terms is established by means of a certificate issued by an auditor registered in the Official Register of Auditors, which will take into account the effective term of the payments of the client company regardless of any financing for the anticipated collection of the supplier company."
The prohibitions contained in paragraphs b), d), e), f), g), h), i) and j) of paragraph 2 and in paragraphs 3 and 3 bis of this article shall be automatically applicable and shall subsist as long as the circumstances that, in each case, determine them are present".
Article 31.2 (Eligible expenses) is amended to read as follows: "2. Unless expressly provided otherwise in the regulatory bases of the subsidies, expenses actually paid prior to the end of the justification period determined by the regulations governing the subsidy shall be deemed to have been incurred. When the beneficiary of the subsidy is a company, the eligible expenses incurred in its commercial operations must have been paid within the payment deadlines established in the applicable sectorial regulations or, failing this, in those established in Law 3/2004, of December 29, establishing measures to combat late payment in commercial operations."
