Spain’s Beckham Law (Régimen Fiscal Especial para Trabajadores Desplazados) offers a significant tax benefit to foreign professionals moving to Spain for work. Named after the British footballer David Beckham, who was one of the first high-profile individuals to benefit from it, this special tax regime allows expatriates to be taxed as non-residents while living in Spain.
Who qualifies for the Beckham Law?
Eligibility for the Beckham Law is subject to strict conditions. The applicant must meet specific requirements related to employment, residency, and prior tax obligations:
Non-resident status: The applicant must not have been a Spanish resident in the last 5 years before moving to Spain.
Eligible condition:
The individual must move to Spain as a result of:
an employment contract with a Spanish company;
being transferred by a foreign employer to work in Spain.
Work remotely as an employee from Spain.
Become a director of a Spanish company.
Self-employed individuals and freelancers generally do not qualify, although certain high-income individuals providing specialized services may be eligible.
No Income from any worldwide businesses: The individual must not derive income from any business that could be understood as freelance income under the Spanish rules unless they work under a formal employment contract.
High-level executives and skilled workers: Although the regime initially targeted highly skilled professionals, recent amendments now allow more general foreign workers to apply, provided they meet the other criteria.
Spouse and kids can be included under the main Beckham Law regime applicant.
Tax benefits of the Beckham Law
Reduced tax rate: The 24% flat rate on the first €600,000 significantly reduces tax liability for high-income expatriates compared to Spain's progressive tax scale.
Exemption on foreign income: Non-Spanish sourced income is not subject to Spanish income tax under this regime, allowing expatriates to retain the full benefit of their foreign earnings.
Wealth tax and temporary solidarity tax on large fortune exemptions: Non-residents are generally only taxed on assets located within Spain, exempting Beckham Law beneficiaries from Spanish taxes on foreign wealth.
How to apply for the Beckham Law
To apply for the Beckham Law, individuals need to follow a strict application process through Spain’s tax authority (Agencia Tributaria):
Application deadline: Applications must be submitted within six months from the start date they are in any eligible situation.
Submission process: Complete and submit Form 149 to the Spanish tax authorities. This form declares the intent to apply for the Beckham Law and must include details about employment, proof of residency outside of Spain for the prior 5 years, and proof of the eligible condition.
Annual Tax filing: Those accepted into the Beckham Law regime will need to file their annual tax return using Form 151, rather than the usual Form 100 that residents use. This ensures that they are taxed according to the non-resident flat rate and are not subject to progressive resident tax rates.
Supporting documentation: The application may require proof of residency outside Spain for the previous 5 years, employment contracts, and statements from the employer regarding the purpose of the individual’s relocation to Spain.
Limitations and Considerations
While the Beckham Law offers substantial tax benefits, there are a few limitations and considerations to keep in mind:
No deductions for personal expenditures: As non-residents, individuals under the Beckham Law cannot benefit from certain tax deductions available to Spanish residents, such as deductions for housing or family expenses.
Exit strategy: The Beckham Law provides tax benefits for only six years. After that period, individuals are taxed as residents, potentially facing a much higher tax rate.
Impact on Social Security contributions: Beneficiaries of the Beckham Law are subject to Spanish social security contributions if they are employed by a Spanish company. However, there may be exceptions based on bilateral agreements with other countries.
Ineligibility for some professions: Freelancers, self-employed workers, and those with significant business interests in Spain may find themselves ineligible.
Is the Beckham Law Right for You?
The Beckham Law offers valuable tax benefits, particularly for high-income expatriates who earn most of their income from Spanish sources and maintain significant assets or income abroad.
However, the suitability of the Beckham Law depends on your specific financial situation, future plans, and employment status. For anyone considering relocation to Spain under this regime, we recommend consulting with our experienced tax attorney in Spain who would review your Beckham Law application.
How can we assist you?
Navigating the Beckham Law and making the most of its tax benefits can be complex. Our team of international tax attorneys, who specialize in the Beckham Law regime, are here to provide expert guidance tailored to your unique circumstances. Here’s how we can support you:
Eligibility assessment: We’ll assess your situation to determine if you qualify for the Beckham Law under the latest criteria, including those introduced by the 2023 Startup Law. This includes analyzing your employment, residency history, and specific conditions as a freelancer, remote worker, or entrepreneur.
Comprehensive application support: From gathering the required documentation to filing Form 149 with the Spanish Tax Agency, we handle the entire application process. We make sure your application is accurate, timely, and in compliance with all requirements, giving you the best chance for approval.
Tax efficiency and optimization: Our international tax attorneys are well-versed in the intricacies of the Beckham Law and Spanish tax regulations. We’ll advise you on structuring your income to maximize the regime’s benefits, including strategies for managing foreign income, deductions, and other assets.
Guidance on related benefits: Our team helps you take advantage of additional benefits that may apply, like exemptions on foreign income and wealth tax on non-Spanish assets. We ensure that you understand the full range of advantages under the Beckham Law and how they apply to your unique financial situation.
Personalized, expert support: Our team’s deep understanding of the Beckham Law means we can provide personalized advice and clear answers to any questions you may have, simplifying even the most complex tax matters.
With our international tax expertise and dedicated focus on the Beckham Law, we’re here to help you maximize your tax savings and enjoy a smooth transition to life in Spain. Let us handle the details so you can focus on enjoying your new adventure!
Why Choose Relocate Now?
Expertise in Spanish Tax Law: We have an in-depth understanding of the regulations and procedures involved. We keep up to date with the latest legal developments, ensuring that your taxes are handled in compliance with current requirements.
Stress-Free Remote Service: From the initial consultation to document submission, we take care of everything remotely, allowing you to focus on your move without worrying about complicated legal or administrative tasks.
Tailored, Client-Centered Approach: At Relocate Now, we treat every client as an individual. Your case won’t be handled with a one-size-fits-all approach. Instead, we adapt our services to your specific situation and ensure that you receive personalized attention throughout the process.
Transparent Pricing: We offer competitive and transparent pricing with no hidden fees. From the beginning, you’ll know exactly what services you’re paying for, ensuring peace of mind and confidence in the legal process.
Frequently Asked Questions (FAQ)
Who is eligible for the Beckham Law?
Who is eligible for the Beckham Law?
The Beckham Law applies to foreign individuals who move to Spain for employment under a Spanish company contract or are transferred by a foreign employer to work in Spain. You must not have been a Spanish resident in the last 5 years before applying and your primary income should be sourced from Spanish or foreign employment. Self-employed individuals and freelancers generally do not qualify unless they meet specific conditions.
Are Digital Nomads eligible for the Beckham Law regime?
Are Digital Nomads eligible for the Beckham Law regime?
Only Digital Nomads who are deemed employees following the Spanish definition of employee are eligible for the Beckham Law.
What tax rate will I pay under the Beckham Law?
What tax rate will I pay under the Beckham Law?
The Beckham Law eligible individuals are taxed at a flat rate of 24% on the first €600,000 of Spanish-sourced income, with income above this threshold taxed at 47%. Foreign-sourced income is exempt from Spanish taxes under this regime.
How long can I benefit from the Beckham Law?
How long can I benefit from the Beckham Law?
The Beckham Law benefits apply for a total of six years: the year of arrival plus five additional years. After this period, you will be taxed as a Spanish resident at the progressive rates applicable to all residents.
Can I apply for the Beckham Law if I am a digital nomad?
Can I apply for the Beckham Law if I am a digital nomad?
Yes, recent changes as part of Spain’s Startup Law allow certain digital nomads who meet the criteria to benefit from the Beckham Law. Digital nomads must have a formal employment contract or structured service agreement that qualifies under the regime’s guidelines.
What are the main benefits of the Beckham Law?
What are the main benefits of the Beckham Law?
Flat 24% tax rate: A significantly lower rate compared to Spain’s progressive income tax rates, which can reach up to 47% for residents.
Foreign income exemption: Foreign-sourced income is not subject to Spanish taxes, meaning you retain all foreign income without additional Spanish tax liability.
Wealth tax and temporary solidarity tax on large fortune exemptions: Non-residents are generally only taxed on assets located within Spain, exempting Beckham Law beneficiaries from Spanish taxes on foreign wealth.
What is the deadline for applying to the Beckham Law?
What is the deadline for applying to the Beckham Law?
You must apply for the Beckham Law within six months of becoming eligible. Applications submitted after this deadline will not be considered.
How do I apply for the Beckham Law?
How do I apply for the Beckham Law?
You will need to submit Form 149 to the Spanish tax authorities. The form requires proof of your employment contract, evidence of non-residency in Spain for the previous 5 years, and information of your employer.
What happens if I miss the application deadline?
What happens if I miss the application deadline?
If you miss the six-month application deadline, you cannot retroactively apply for the Beckham Law. In this case, you would be taxed as a Spanish resident under the regular progressive income tax rates.
Will I have to pay Spanish Social Security contributions under the Beckham Law?
Will I have to pay Spanish Social Security contributions under the Beckham Law?
Yes, as an employee of a Spanish company, you are generally required to pay Social Security contributions. In some cases, if you are working for a foreign company, you may be exempt depending on bilateral agreements between Spain and your home country. In this situation, it is recommended to consult a tax advisor.
Can I benefit from Spanish tax deductions under the Beckham Law?
Can I benefit from Spanish tax deductions under the Beckham Law?
No, individuals under the Beckham Law regime are considered non-residents for tax purposes and are therefore ineligible for many personal tax deductions available to full residents, such as housing and family deductions.
What happens after the six-year period ends?
What happens after the six-year period ends?
After the six-year period, you will be taxed as a Spanish resident at the progressive tax rates. This will include taxation on global income, meaning foreign income will also become subject to Spanish taxes.
Can I be self-employed and still qualify for the Beckham Law?
Can I be self-employed and still qualify for the Beckham Law?
Self-employed individuals and freelancers are not eligible. However, certain high-level executives or skilled professionals under structured work agreements might qualify.
Do I need to file annual tax returns under the Beckham Law?
Do I need to file annual tax returns under the Beckham Law?
Yes, even under the Beckham Law, you must file annual tax returns using Form 151 (rather than Form 100, used by residents) to ensure that you are taxed at the correct non-resident flat rate.
Can my family benefit from the Beckham Law as well?
Can my family benefit from the Beckham Law as well?
Yes, as of 2023 family members moving to Spain can benefit from the Beckham Law of the main applicant.
Is it possible to renew or extend the Beckham Law benefits?
Is it possible to renew or extend the Beckham Law benefits?
Currently, there is no option to extend beyond the six-year limit. After this period, you will automatically switch to the regular Spanish resident tax status.
What should I do if I am unsure about my eligibility?
What should I do if I am unsure about my eligibility?
Consult with our experienced tax attorneys in Spain who will review if you're eligible!