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PitchBites
guided1 min readLesson 11.1

Company formation: which entity?

Legal & Regulatory · 20 min

Choosing the right legal entity affects taxes, liability, fundraising ability, and governance. The main options for EU startups: (1) S.r.l. (Italy) / GmbH (Germany) / SAS (France) — limited liability, flexible, VC-compatible, (2) S.p.A. — public company structure (rarely needed early), (3) Startup Innovativa (Italy) — special status with tax benefits.

In Italy, "Startup Innovativa" status gives tax breaks for investors (30% tax credit), simplified incorporation, and flexible equity plans. Register within 5 years of founding.

Key Takeaways

  • S.r.l. / GmbH / SAS are the standard VC-compatible EU entities.
  • Startup Innovativa (Italy) = 30% investor tax credit + other benefits.
  • Delaware C-Corp if targeting US investors.
  • Consult a startup lawyer — entity choice has long-term consequences.