Can business owners file for unemployment? – At 45, Javier López has become unemployed. He has 24 months of unemployment ahead of him, but his future does not look bright. Faced with this situation, he has decided to opt for self-employment and request the capitalization of unemployment. The case presented is hypothetical, although you may also be considering this option. But what does this formula consist of? Which are the requirements? you always interested?
Who can ask for it
The capitalization of unemployment is collecting a single payment of the unemployment benefit to start a professional activity. To achieve this, the purpose of the investment must be justified, which must be exclusively business. As stated on the page of the Public State Employment Service ( SEPE ), this formula seeks to promote and facilitate self-employment initiatives among people who receiving the contributory level unemployment benefit, paying the current value of the amount of the use that remains to obtained from those beneficiaries who intend to:
Stable incorporation as a worker or work partner in cooperatives or in already constituted labour companies, or constitute them, even if a previous contract with them has maintained.
Develop an activity as self-employed workers. This case will not include those who register as economically dependent self-employed workers, signing a contract with a company with which they had a contractual relationship immediately before the legal situation of unemployment or that belongs to the same business group. Of that.
It can requested by all those unemployed who are receiving a compensatory pension due to the definitive termination of their employment relationship and who justify the need for that capital for business investment. Consequently, it is not valid for workers receiving unemployment benefits.
General requirements
The following established as general requirements.
Being a beneficiary of a contributory unemployment benefit for total and definitive termination of an employment relationship, pending receipt of at least three monthly payments on the request for the single payment.
Not having received a single payment, in any of its modalities, in the four years immediately before the application.
addition, it must considered that it not applicable when unemployment is collected for immersed an ERTE or in the periods of suspension of a discontinuous permanent worker.
Start the activity within a maximum period of one month from the resolution that grants the single payment, and always on a date after the request. However, once the request made, you can start the activity and register with Social Security before the payment is resolved.
Suppose the cessation of the employment relationship that has given rise to the unemployment benefit, whose capitalization was intended, has challenged before the social jurisdiction. In that case, the request for a single payment must made after the procedure resolution.
24 months before the request for the single payment, those who have made self-employment compatible with the contributory unemployment benefit will not have the right to obtain the single price to establish themselves as self-employed workers or self-employed workers. Partners of a commercial company.
What expenses can you claim as an investment?
According to the SEPE page, investment understood to any expense incurred to acquire assets or rights that make up the business assets as part of the asset (property, machinery, computer equipment…) and that necessary for the start-up of the company. Exercise.
You can allocate the capitalized benefit to the expenses to start the business and the payment of fees and taxes.
You can also allocate up to 15% of the amount of the capitalized benefit to the payment of specific advisory, training and information services related to the activity you are going to undertake.
addition, the expected expenses during the first three months of operation considered an investment: tax charges, rent, conditioning of the premises and others.
amounts receivable
The amount relative to the general interest of the money will deducted from the amount disbursed, which will the one that corresponds to the time of the request. Also, in the case of obtaining 100% of the amounts received as unemployment capitalization or single payment, they are exempt from personal income tax.
What they receive on average
On the other hand, according to recent information published on the Self-Employed and Entrepreneurs site, the average amount of money received by the new self-employed when it comes to capitalizing on unemployment to start a business stood at 8,223 euros in 2021 through the formula of capitalization for a single payment, that is, in a single charge, they receive all their benefit to investing in the activity, more than double what they received in 2004 when the unemployed received just 3,000 euros.
