Who can use Spain's special tax regime for people moving to Spain (the 'Beckham law'), and what are the rates?
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You can opt if you become tax resident in Spain after moving for a job (including remote work), to become a company director, or for a qualifying entrepreneurial or highly qualified activity, and were not resident in the previous five years. Non-savings income obtained in Spain is taxed at 24% up to €600,000, for six tax years.
Key facts
| What | The law says | Source |
|---|---|---|
| Who can opt | People who become tax resident in Spain as a result of moving to Spain | Ley 35/2006, art. 93.1; RD 439/2007, art. 113.1 |
| Earlier residence | Not resident in Spain during the five tax periods before the year of the move | Ley 35/2006, art. 93.1.a |
| Reason for the move (in the first year of the regime or the year before) | An employment contract; becoming a company director; an entrepreneurial activity; or work as a highly qualified professional for start-ups, or training, research, development and innovation activities paid more than 40% of your work and business income | Ley 35/2006, art. 93.1.b |
| Permanent establishment | No income through a permanent establishment in Spain, except on the entrepreneurial and highly qualified routes | Ley 35/2006, art. 93.1.c |
| How long | The year you become resident plus the five following tax periods | Ley 35/2006, art. 93.1; RD 439/2007, art. 115 |
| First year | The first calendar year after the move in which you spend more than 183 days in Spain | RD 439/2007, art. 115 |
| What is taxed | Income obtained in Spain during the calendar year; all employment income and entrepreneurial income during the regime counts as obtained in Spain | Ley 35/2006, art. 93.2.b–c |
| Rate on income other than savings-type income | 24% up to €600,000; 47% above €600,000 | Ley 35/2006, art. 93.2.e.1º |
| Rate on savings-type income (art. 25.1.f of the non-resident income tax law) | 19% up to €6,000; 21% from €6,000 to €50,000; 23% from €50,000 to €200,000; 27% from €200,000 to €300,000; 30% above €300,000 (scale in force from 1 January 2025) | Ley 35/2006, art. 93.2.e.2º |
| Withholding on salary | 24%; 47% on the part above €600,000 from one payer in a calendar year | Ley 35/2006, art. 93.2.f; RD 439/2007, art. 114.3 |
| Wealth tax | Subject to wealth tax by real (limited) obligation | Ley 35/2006, art. 93.1 |
Which moves count as “for a job”
The law accepts more than a contract with a Spanish employer. The employment condition is met when:
- you start an employment relationship with an employer in Spain;
- your employer sends you to Spain and gives you a letter of assignment; or
- you work remotely, without your employer ordering the move, using exclusively computer, telematic and telecommunication means. The law names holders of the international telework visa (Ley 14/2013) as meeting this condition.
Professional athletes under Real Decreto 1006/1985 are excluded from the employment route.
Directors, entrepreneurs and highly qualified professionals
- Company directors: becoming a director of a company qualifies. If the company is a holding company (entidad patrimonial), your stake must not make it a related entity under art. 18 of the corporate tax law.
- Entrepreneurs: the activity must be classed as entrepreneurial under art. 70 of Ley 14/2013. The regulation says this needs a favourable report from ENISA and the residence authorisation for business activity (Ley 14/2013, art. 69) before the move; EU citizens and others with EU free-movement rights need the ENISA report before the move (RD 439/2007, art. 113.2).
- Highly qualified professionals: providing services to start-ups (Ley 28/2022), or doing training, research, development and innovation activities, with that pay above 40% of your total business, professional and employment income.
How the tax is worked out
The law says your income tax is calculated with the rules of the non-resident income tax for income obtained without a permanent establishment, with special rules. Income obtained in Spain during the year is added up without offsetting one item against another. All your employment income during the regime is treated as obtained in Spain.
Your family
Your spouse and your children under 25 (any age with a disability), or the children’s other parent if you are not married, can also opt. They must move with you or later, before the end of your first tax period under the regime; become tax resident in Spain; meet the five-year and permanent-establishment conditions; and the sum of their taxable bases must be lower than yours in each year (Ley 35/2006, art. 93.3).
Related questions
- How and by when to apply: the option is made with Modelo 149 within six months of starting your activity. See the page on the application deadline.
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.