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  • ARTICLE - Spain

    Beckham Law in Spain

    28 Nov

    Beckham Law in Spain – Introduction

    The Beckham Law, officially known as Spain’s “Special Regime for Posted Workers,” has been gaining attention for its significant tax benefits to expatriates moving to Spain for work.

    Designed to attract high-skilled professionals, remote workers, and investors, this regime offers eligible individuals the opportunity to pay a flat income tax rate of 24% instead of the progressive rates of up to 47% typically applied in Spain.

    With recent updates introduced by the Spanish government, the Beckham Law has become even more accessible, making Spain an attractive destination for global talent.

    What Is the Beckham Law?

    Originally introduced to encourage foreign footballers to play in Spain (hence the nickname), the Beckham Law allows expatriates to maintain non-resident tax status for six years while residing in Spain. This means:

    • A flat tax rate of 24% applies to income earned up to €600,000 annually. Income exceeding this threshold is taxed at the general rate of 47%.
    • Income earned outside of Spain is excluded from Spanish taxation, making it especially appealing for those with substantial foreign income streams.

    Key Updates to the Beckham Law

    In 2024, the Spanish government implemented several changes to broaden the scope of the regime:

    Reduced Non-Residency Requirement

    Previously, applicants had to prove they hadn’t been a tax resident in Spain for 10 years. This has now been reduced to 5 years, making it easier for professionals to qualify

    Expanded Eligibility

    The Beckham Law now covers:

    • Remote Workers: Individuals working online for non-Spanish employers.
    • Directors of Spanish Companies: Even those with ownership stakes over 25%, provided the company is not a passive holding entity.
    • Start-Up Entrepreneurs and Innovators: Those engaged in R&D or providing services to emerging businesses.
    • Digital Nomads: With the introduction of Spain’s Digital Nomad Visa, remote professionals are explicitly included.

    Family Inclusion

    Spouses and dependent children under 25 (or disabled family members) can benefit from the regime, provided they relocate during the taxpayer’s first year in Spain. However, this extension is limited if the family’s total savings income exceeds the taxpayer’s taxable base.

    Exemption for In-Kind Income

    Employment income received in kind (e.g., housing or other non-cash benefits) is now tax-exempt under the regime, aligning with the treatment of Spanish residents.

    Eligibility Requirements

    To qualify for the Beckham Law, applicants must meet the following conditions:

    • Must not have been a Spanish tax resident for the past 5 years.
    • Must relocate to Spain for work, including holding a job offer, a director role, or a Spanish digital nomad visa.
    • At least 85% of work must be performed in Spain.
    • Must not engage in freelance activities unless applying under the digital nomad or start-up visa routes.

    Excluded groups include freelancers without special visas, athletes, and directors of passive holding companies.

    Application Process

    Applying for the Beckham Law involves submitting documentation to Spain’s Tax Agency within six months of registering with Spanish Social Security. Required documents include:

    • A valid passport and NIE (Foreigner Identification Number).
    • Spanish Social Security Number.
    • Employment contract or proof of self-employment under qualifying criteria.

    Key Considerations

    While the Beckham Law offers substantial tax advantages, it comes with certain limitations. For example:

    • Income exceeding €600,000 annually is taxed at the higher 47% rate.
    • High-net-worth individuals must account for the new Solidarity Tax, which applies to assets exceeding €3 million located in Spain.
    • A significant portion of work must be performed in Spain, limiting flexibility for global professionals.

    Conclusion

    The Beckham Law remains a cornerstone of Spain’s efforts to attract international talent, particularly in the post-pandemic era, where remote work and global mobility have become more common.

    Recent updates make it easier for expatriates, digital nomads, and entrepreneurs to benefit from Spain’s vibrant culture, high quality of life, and favorable tax regime.

    However, potential applicants should carefully assess the implications of Spain’s Solidarity Tax and consult professionals to ensure full compliance and maximum benefit.

    Final Thoughts

    If you have any queries about this article on the Beckham Law or tax matters in Spain, please get in touch.

    Alternatively, if you are a tax adviser in Spain and would be interested in sharing your knowledge and becoming a tax native, then please get in touch. There is more information on membership here.

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