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The Beckham regime: 24% flat tax, six years long — and why it isn't for pensioners

Whoever moves to Spain to work or run a business there can opt for the regime of article 93: taxed as a non-resident, 24% on your Spanish employment income up to € 600,000, and your foreign income largely stays out of reach. You opt in with modelo 149 and file with modelo 151. The condition that excludes most Dutch emigrants: you have to come to work.

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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.

The Beckham Law is a Spanish tax regime for people who come to Spain to work there, with an income that's worth treating separately. It's named after a footballer who used it in 2005, and that is at once the best summary of who it's meant for.

Formally it is article 93 of Ley 35/2006, the Spanish income tax act. There it's called the régimen especial, the special regime for employees, professionals, entrepreneurs and investors who move to Spanish territory.

What it does

Whoever opts for it is treated for tax purposes as a non-resident while actually living in Spain. That has two consequences that together make up the whole advantage.

A flat rate on your employment income. 24% on your Spanish employment income, up to € 600,000 per payer per calendar year. Whatever comes above that is taxed at 47%. Compare that with the ordinary progressive brackets and the difference is considerable once you're above an average income.

Your foreign income largely stays out of reach. In principle you're taxed only on income from Spanish sources. For business activity and qualified services that themselves fall under the regime, exceptions apply.

Element Rule
Rate on employment income 24% up to € 600,000 per payer per year
Rate above € 600,000 47% (since 2021)
Duration the year of the move plus the five following tax years
Prior non-residence five tax years (up to and including 2022: ten)
Opting in, waiving or exclusion modelo 149
Return under the regime modelo 151, the separate IRPF return

The conditions

Five years not a Spanish resident. Until 2023 that was ten; since 1 January 2023 the requirement has been reduced to the five tax years preceding your move.

A reason the regime recognises. This is where it falls apart for most readers of this site. The regime is tied to a trigger:

  • an employment contract;
  • a secondment;
  • a directorship;
  • entrepreneurship;
  • the work of a qualified professional.

Since the 2023 amendment (Ley 28/2022, the start-ups act) more groups fall under it: remote workers, entrepreneurs and professionals. Under conditions it covers the family too: the partner and children under 25 (or older with a disability) who move along, or come later as long as the regime is still running.

A work permit isn't needed for that as an EU citizen. The reason only has to be demonstrable.

Opting in on time. It's an option you actively exercise with modelo 149. With the same form you also waive the regime or report your exclusion. With the election you attach the supporting documents from the implementing regulation. Whoever forgets simply falls under the normal system.

After that you file a separate return every year, modelo 151, instead of the ordinary Renta, the annual income tax return. Your employer meanwhile withholds 24% on your pay, and 47% on what comes above the € 600,000.

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The duration

The tax year in which you move your residence, plus the five following tax years. Six tax years in total, then, and not six calendar years from your moving date. If you move in December, that can make a difference of almost a year.

Income from an activity from before the move doesn't fall under the regime. Nor does income from after the notification of its end via modelo 149.

Why this doesn't apply to most Dutch emigrants

The largest share of those looking at Spain through this site is retired or on the way there. For them this regime is not available: there's no employment contract, no secondment, no business. Moving to Spain in retirement isn't a trigger that article 93 recognises.

Decide this before you start working, not after. The election via modelo 149 is an option with its own deadline, and whoever lets it pass falls under the ordinary system for the whole period. This is one of the few decisions in the journey you cannot repair.

That's the reason this article exists. The regime comes up in every conversation about Spain and in almost every blog, and the disappointment only comes once someone already had their application in mind. Better to know now than then.

If you do come to work or run a business, this is one of the heaviest financial factors in your decision: heavier than the rent and heavier than the moving costs. So work it out first.

And then the honest part

Whether you qualify in your situation, and whether the regime works out better than the normal system, depends on the composition of your income and on your assets outside Spain. This article explains what the regime is and who it's meant for. The weighing-up belongs with a tax adviser who knows both systems.

In Vertrekklaar this is phase 2 of 5 of the journey, step 2.4: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Spain or go straight to step 2.4 in the open plan.

Want to know more about this?

Then we'll send you the departure checklist for Spain, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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