Incubators of innovative startups after the 2025 reform

With Article 25 of Law Decree no. 179 of 2012 – recently amended by the Annual Market and Competition Law 2023 (Law 16 December 2024, no. 193), in force from 18 December 2024 – the Italian Government, in addition to innovative start-ups, also recognized in paragraph 5 also certified incubators, i.e. those joint-stock companies based in Italy or European Societas, also established in a cooperative form and registered in the special section of the register of companies, which offer services aimed at supporting the creation, development and stabilization of innovative start-ups on the market.

Support activities for innovative start-ups

The tools offered by these organizations are of various types; however, when you intend to start an innovative business project, it is advisable to avail of the consultancy of professionals in the sector, able to support and protect the startupper also from an economic-fiscal and legal point of view, reducing all possible business risks.

Incubators have the function of assisting and supporting innovative start-ups in their growth path:

providing them with adequate facilities, rooms and equipment suitable to accommodate them and carry out their business (eg: ultra-broadband access systems to the internet, meeting rooms, machinery for tests, trials or prototypes, etc.);
providing constant support in terms of business model, marketing, etc., through its consultants and experts in innovation and development;
putting them in contact with universities, research centers, public institutions and financial partners (business angels, venture capitalists, etc.), who carry out activities and projects related to innovative start-ups.

The requirements for obtaining registration in the special register

To obtain registration in the special register of certified incubators (click here to open it), the company must:

have facilities, including real estate, suitable for hosting innovative start-ups (spaces reserved for installing test, test, verification or research equipment);
have adequate equipment for the activity of innovative start-ups (ultra-broadband access systems to the internet, meeting rooms, machinery for tests, trials or prototypes);
be managed or directed by people with recognized expertise in business and innovation and have a permanent technical and managerial consultancy structure available;
have regular collaborative relationships with universities, research centers, public institutions and financial partners that carry out activities and projects related to innovative start-ups;
have adequate and proven experience in supporting and accelerating innovative start-ups, whose existence is assessed on the basis of the minimum values identified in Table B of the MISE decree of 22.12.2016.

The possession of the aforementioned requirements must be self-certified by the legal representative of the company, by means of a declaration signed and filed with the register of companies, at the time of registration in the special section, on the basis of indicators and relative minimum values established in the tables of the attachment to the MISE decree of 22.12.2016 (click here to open the attachment).

Benefits

Registration in the special section of the business register allows certified incubators to take advantage of numerous benefits, including:

free and simplified access to the SME guarantee fund;
exemption from chamber rights and stamp duties;
the remuneration obtained through equity participation instruments.

The MISE has made available a special summary of the facilities (click here to open it).

Tax credit

Article 32 of the 2023 Annual Competition Law also introduced a contribution, in the form of a tax credit, in favor of certified incubators that make, directly or through other specialized bodies, investments in innovative start-ups, starting from the 2025 tax period, in the amount of 8% of the invested amount.

The law also defines the limits within which the benefit can be recognized:

in each tax period, the maximum investment on which to calculate the tax credit cannot exceed the amount of 500,000 euros;
the investment must be maintained for at least three years (so-called “surveillance period“);
any transfer, even partial, of the investment during the surveillance period, entails the forfeiture of the benefit and its recovery, increased by legal interest.

The contribution is granted within the overall spending limit of 1,800,000 euros per year, starting from 2025.

Certified incubators

All companies can carry out these activities (Today, in Italy, there are more than 160 incubators), but only those in possession of certain requirements established by the MISE Decree of 22.12.2016 (click here to read it) can obtain the status of certified incubatore, registered in the special section of the register of companies and enjoy the relative concessions.

Currently, in Italy, there are 45 certified incubators registered in the special register, of which 8 only in Lombardia, 6 in Piemonte and 5 in Lazio, all in the city of Rome (click here to open the list).

The possession of these requirements – which we talked about in another article (click here to read it) – is monitored annually by the MISE and this should represent the innovative start-ups the guarantee of reliability and seriousness.

However, three years ago Wired.it documented the “state of health” of start-up incubators, highlighting an unstable and quite worrying situation, especially from an economic-financial point of view and with regard to the real support provided to new entrepreneurs (click here to read the article).

Incubators that carry out startup support and acceleration activities

The 2023 Annual Competition Law has introduced some changes to art. 25 of Legislative Decree no. 179/2012, relating to the rules on the requirements and activities of certified incubators that carry out startup acceleration activities.

The latter must be registered in a special section of the business register, different from that provided for innovative startups and certified incubators. Furthermore, they are excluded from the application of the above-mentioned benefits, provided for other certified incubators.

The importance of legal advisors

Our advice, especially if the start-up intends to make use of the support of an incubator, is to choose the certified ones registered in the special register, which are able to better meet your needs and have a serious network of contacts, really interested in your project.

At the same time, cannot be missing the support of expert business consultants (lawyers, accountants, etc.), who are able to advise and assist you in the initial phase.

Our law firm, thanks to the expertise and experience in the field of consultancy and assistance to start-ups, both in the legal, commercial and corporate fields:

provides all entrepreneurs interested in starting their own start-up or defining an optimal business strategy, advice and specific assistance in bureaucratic and commercial practices;
assists its clients in the market analysis phase, in the preparation of the business plan and in the search for the economic resources necessary to finance the start-up;
supports the start-up at every stage of development, assisting the entrepreneur in choosing the most suitable certified incubator for his needs and in legal relations with the latter.