Tricks and Requirements for Capitalising on Unemployment: Make the Most of Your Benefits
Introduction: What is unemployment capitalisation and how can it benefit you?
If you are unemployed, you are probably familiar with the concept of unemployment capitalisation. Unemployment capitalisation refers to the possibility of using unemployment benefits or unemployment benefits as an investment to start your own business or improve your professional skills.
In this article, we will explore in detail what unemployment capitalisation is and how it can benefit you. We will also share some tips and tricks to make the most of this option.
Read on to find out how you can turn your period of unemployment into an opportunity to grow and achieve your career goals!
The capitalisation can also be used for the investment needed to set up a company or to cover the costs of the RETA. It can also be applied for by people who are already receiving unemployment benefits, as long as they have at least three monthly payments pending.
Benefits of unemployment capitalisation: Secure your future!
The capitalisation of unemployment is an option that can bring many benefits to those who are unemployed.
One of the main benefits is that it allows the person’s financial future to be assured, since by capitalising unemployment benefits, a single payment is obtained that can be used to start a business, invest in training or simply to meet unforeseen expenses.
In addition, this option makes it possible to extend the duration of the unemployment benefit and to have greater control over the money received. However, it is important to bear in mind that in order to capitalise unemployment benefit, certain requirements must be met and certain key steps must be followed in order to do so effectively.
One-off payment
If a worker becomes unemployed, he/she has the option of capitalising the unemployment benefit to start a self-employed activity. In this case, the benefit is exempt from personal income tax.
Capitalising your unemployment benefit means that you receive the entire benefit in a lump sum and use it to finance a new activity.
This option is attractive because it provides funds to start a project. Moreover, if the requirements indicated below are met, the amount collected is exempt from personal income tax.
What are the options for collecting unemployment benefits?
Charging options
Choice
The benefit can be capitalised, at the worker’s option, in any of the following ways (all of which are exempt):
- The current value of the benefit (after deducting the legal interest on money) can be collected in a single payment.
- The amount can be used to pay the RETA contributions.
- There is also an intermediate option. Thus, if the self-employed person does not need to capitalise all the benefit (they receive part of the lump sum), they can use the remaining part to pay their RETA contributions.
Prerequisites for successful unemployment capitalisation
In order to successfully capitalise unemployment, it is essential to meet certain essential requirements.
- It is important to note that you must not have started an economic activity and must not be registered with the Social Security.
- In addition, you must have at least three months’ unemployment benefit payments pending.
- It is essential to prove registration as a stable self-employed person or incorporation as a working member of a cooperative, labour or trading company. This demonstrates the applicant’s commitment and seriousness to carry out his or her activity.
- Another relevant point is not having benefited from another single payment in the last four years. This ensures that the benefit of the one-off payment is granted to those who really need it.
- It is important to bear in mind that the activity must start within a maximum period of one month from the date of approval of the one-off payment. This ensures that the resources are used effectively and in a timely manner.
- Finally, it is necessary to emphasise that the dismissal that led to the unemployment situation should not be contested. This demonstrates a positive and open attitude towards new job opportunities.
By complying with these requirements, you will be able to access unemployment capitalisation and take an important step towards your future employment.
If you are unemployed and want to start a self-employed activity, you can capitalise your benefit to cover the costs of this activity. See some of the questions that people in this situation have.
With the unemployment benefit, do I set up a company or do I register as self-employed?
New activity.
For the capitalised benefit to be exempt from personal income tax, the money received in a lump sum must be used for a new activity. For these purposes:
Self-employed
If a worker becomes unemployed and is entitled to receive unemployment benefit, he/she can capitalise up to 100% of this benefit to start a business. For these purposes:
If he/she is going to work as a self-employed person, he/she can request payment of the benefit in one lump sum for the amount corresponding to the investment necessary to develop the activity.
If the beneficiary sets up as an individual entrepreneur, he/she must maintain his/her activity for at least five years.
For example, if you register for an activity and, once started, cease and start a different activity, you will maintain your right to the exemption (provided that you do not cease to carry out an activity during the five-year period indicated).
Company
Another option is to contribute funds to a trading company (new or incorporated within the previous 12 months).
In this case the entrepreneur must acquire effective control of the company. That is, he/she must hold at least 50% of the shares (although control is also presumed in other cases, for example if he/she holds 25% and also exercises management functions).
You can also use up to 100% of the benefit to make a contribution to the share capital of a new company (or one set up within the 12 months before the contribution) in which you will have effective control.
For example, you will have effective control if you own at least 50% of the capital.
RETA contributions
If the self-employed person does not need to capitalise all the benefit (or does not capitalise any), he/she can use the remaining part to pay the RETA contributions.
You must maintain the activity for five years.
The IRPF exemption is in any case conditional on maintaining the activity as a self-employed worker for a period of five years. Specifically:
If the beneficiary establishes himself as an individual entrepreneur, he must maintain his activity for at least five years. For example, if you register for an activity and, once started, cease and start a different activity, you will retain your right to the exemption (provided you do not cease to carry out an activity during the five-year period indicated).
If you contribute the money to a company, you must not transfer your shareholding before the same period has elapsed.
If you fail to comply…
If the activity does not last for five years, the person concerned loses his right to exemption.
Consequently, in the personal income tax return for the year in which the non-compliance occurs, the amounts to which the exemption has been applied must be included, with interest for late payment (but without penalties).
If I am receiving unemployment benefits, can I capitalise my unemployment?
Yes you can
Some unemployed people think that because they are already receiving benefit and did not apply for capitalisation when they became unemployed, they can no longer do so. This is not the case:
The law does not stipulate that capitalisation must be requested at the time the person becomes unemployed. All that is required is that they are entitled to unemployment benefit at the contributory level.
It is therefore valid to apply for a lump-sum payment of the outstanding benefit, provided that at least three monthly payments remain to be paid. If you have only one or two monthly payments left, you are no longer entitled to unemployment benefit.
Date of registration
In any case, in order to benefit from this measure, the unemployed person must submit the application to the SEPE before starting the activity as a self-employed person or as a partner in the business entity.
If the single payment is requested when the self-employed person is already registered with the RETA, the SEPE will reject the application.
The exemption is conditional on maintaining the activity as a self-employed person for five years. The benefit can be used for the necessary investment, to contribute to the capital of a company and to cover the RETA contributions.
Can I combine unemployment benefit with the exercise of an activity?
Yes, it is possible
If a worker becomes unemployed and starts an activity – as a self-employed person or through a cooperative or labour company – he/she can make his/her unemployment benefit compatible with the exercise of this activity, although with certain limits (the maximum duration of compatibility is 270 days).
However, in this case, the unemployment benefit is not taxable for personal income tax purposes, so this option will only be of interest if the investment to start up the activity is very low or non-existent and the worker is in great need of liquidity.
The exemption for capitalising unemployment is applicable both for starting a business as a self-employed person and for setting up a company. However, the activity or investment must be maintained for at least five years.
What if my business is not doing well?
Other unemployed people do not capitalise their benefit for fear that the business will not work, thinking that they will have to repay the amount received if they end up leaving the RETA. Well, this is not the case either:
- If a person receives the full amount of the contributory benefit, the benefit is considered to be exhausted. Therefore, if the business closes after a few months, the person concerned will have “used up” all their unemployment benefit and will not be entitled to receive any more.
- The law does not require that the activity must last for a minimum period of time. The only requirement is that the amount received must be used for the activity indicated in the application submitted to the SEPE. Failure to use the amount received for the activity for which it was granted will be considered an undue payment and the SEPE will claim it back.
If your business is going badly and you can justify it, you cannot be asked for a refund of the amount received.
Therefore, if the cessation is justified (due to economic losses, loss of administrative licence, etc.) and the amount capitalised was invested in the activity described in the application, you will not be asked for a refund.
Common mistakes when capitalising on unemployment
One of the most common mistakes when applying for unemployment benefits is not having all the necessary documentation.
Therefore, I recommend that you collect and organise all the required papers beforehand.
This includes the company certificate, the identity card, the correctly completed application form and any other additional documents that may be requested.
Another common mistake is not paying attention to details when filling in the application form.
It is essential to check it thoroughly before submitting it to ensure that all the information provided is accurate and up to date.
Also, check that you have filled in all mandatory fields and have not omitted any relevant data.
