Moving tax residence to Spain can have a significant tax impact. For certain professional profiles, Spanish legislation provides for the special tax regime for inbound taxpayers (Beckham Law), an incentive that allows individuals to be taxed under more favourable conditions during their first years of stay in the country.

This regime forms part of a broader set of measures designed to attract international talent and facilitate the mobility of professionals and executives to Spain, together with other benefits applicable to individuals relocated for work-related reasons.

 

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What is the special tax regime for inbound taxpayers?

The special tax regime for inbound taxpayers, regulated under Article 93 of the Spanish Personal Income Tax Law (IRPF), allows individuals who move their tax residence to Spain to be taxed as non-residents, even though they are legally considered tax residents.

This regime applies:

  • In the year of relocation to Spain, and
  • In the five subsequent tax years.

During this period, the taxpayer is taxed in accordance with the rules of the Non-Residents’ Income Tax (IRNR) rather than under the general IRPF regime, which may result in significant tax savings for certain profiles.

If you would like a broader overview of this incentive and how it fits within the Spanish legal framework, you can find more information in our article on the special tax regime for inbound taxpayers (Beckham Law).

Main tax advantages of the inbound taxpayers regime

Reduced tax rates on employment income

One of the key advantages of the regime is the application of a flat tax rate on employment income:

  • 24% on the first €600,000 per year.
  • 47% on the excess above that amount.

This scheme is particularly attractive compared to the progressive tax rates applicable under the IRPF, especially for executives, international managers and professionals with high levels of remuneration.

Taxation limited to income obtained in Spain

While the inbound taxpayers regime applies:

  • Only income deemed to be obtained in Spanish territory is subject to taxation in Spain, in accordance with IRNR regulations.
  • Worldwide income is not subject to taxation, unlike under the general IRPF regime.

As a general rule, all employment income is considered to be obtained in Spain and, in certain cases, income derived from entrepreneurial economic activities.

Investment income

Investment income (dividends, interest and capital gains) is taxed at the same rates applicable to other IRPF taxpayers, currently ranging between 19% and 30%.

Requirements to apply the inbound taxpayers tax regime

To correctly apply the regime, all material requirements established by the regulations must be met.

1. Not having been a tax resident in Spain in the previous five years

The first requirement is that the individual must not have been a tax resident in Spain during the five tax years prior to the year of relocation.

This tax benefit is not reserved exclusively for foreign nationals: Spanish citizens who have lived abroad for several years may also apply the regime provided they meet this requirement and transfer their tax residence back to Spain.

2. Relocation under one of the eligible professional profiles

The regime only applies when the relocation to Spain takes place in order to carry out one of the legally recognised professional activities.

Employees

This includes individuals who relocate to:

  • Start an employment relationship with a Spanish company, or
  • Comply with an assignment order from a foreign employer (with an assignment letter).

International remote workers

Professionals who relocate to Spain to provide remote services to a foreign company may also apply, as is the case for international remote work or digital nomad visa holders.

Company directors

Individuals who relocate to Spain to acquire the status of director may apply the regime, subject to certain limitations when there is shareholding control or passive holding companies involved.

Entrepreneurs and highly qualified self-employed professionals

The regime is also extended to:

  • Individuals who carry out entrepreneurial activities, subject to a favourable report from ENISA.
  • Highly qualified professionals providing services to startups or carrying out R&D&I activities, provided the required economic thresholds are met.

3. Not obtaining income through a permanent establishment

As a general rule, while the inbound taxpayers regime applies:

  • The taxpayer must not obtain income considered to be derived through a permanent establishment in Spain.

This requirement requires particular attention in cases such as:

  • Directors with operational professional functions.
  • Professionals who carry out additional economic activities in parallel.

An error in this regard may result in the loss of the regime and subsequent reassessment under the general IRPF regime.

Common mistakes when applying the inbound taxpayers regime

In practice, some of the most common mistakes include:

  • Failing to correctly meet the non-residence requirement.
  • Incorrect structuring of the employment or contractual relationship.
  • Engaging in activities that are incompatible with the regime.
  • Failing to properly analyse specific situations, such as the termination of the employment relationship.

In this respect, it is important to note that certain situations, such as contract termination and the receipt of severance pay, may receive specific tax treatment under this regime, as explained in our article on Beckham Law: taxation of severance pay.

Who should consider the inbound taxpayers tax regime?

This regime is particularly attractive for:

  • International executives and senior managers.
  • Professionals relocated by multinational groups.
  • Remote workers and digital nomads.
  • Companies seeking to attract international talent to Spain.
  • Professionals returning to Spain after several years working abroad.

How Adlanter supports you in international mobility processes

Applying the inbound taxpayers regime requires coordinated tax, labour and immigration planning from the outset of the relocation.

At Adlanter, we support both individuals and companies throughout the entire process, from the initial assessment of eligibility for the regime to the ongoing management of tax and employment obligations, through our specialised international mobility services.

If you are considering relocating to Spain or moving international talent, our team can help you do so with legal certainty and tax efficiency.

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