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02 International remote work route · Law 28/2022

Beckham for digital nomads. How remote workers qualify.

Since 2023, an employee who moves to Spain and works remotely for their employer can elect the impatriate regime: 24% on salary up to €600,000, in the year of the move and the following five. This route sits inside the employment contract (art. 93.1.b.1st LIRPF); a freelancer with foreign clients does not qualify through it.

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01 What changed in 2023

The remote employee, inside the regime.

Before 2023, someone moving to Spain to keep working remotely for a foreign company had no clear fit in the regime. Law 28/2022, on the startup ecosystem, amended article 93 of the Spanish PIT Act (LIRPF) with effect from 1 January 2023.

Two changes matter for this profile: the prior non-residence period drops from ten to five years (art. 93.1.a LIRPF), and the law expressly accepts a move resulting from an employment contract where the work is done remotely, by telematic means. The typical case is the holder of the international telework visa (art. 93.1.b.1st LIRPF).

So an employee of a US, UK, German or any other foreign company who becomes Spanish tax resident can pay 24% on their salary in the year of the move and the following five, provided the other conditions are met.

— Important

Your salary is not exempt because a foreign company pays it. During the regime, all employment income is deemed obtained in Spain (art. 93.2.b LIRPF) and is taxed at 24% up to €600,000 and 47% above. Illustrative example: a €80,000 salary from a foreign employer gives €19,200 of tax, before withholdings and credits. What stays outside Spanish tax is foreign-source income that is not employment income: dividends, interest or rent earned abroad.

02 The four conditions

Are you within the regime?

Four cumulative conditions. If one fails, check the other routes in article 93 before ruling the case out.

✓

Employment contract and remote work

This route requires employment: a contract with your employer (foreign or Spanish) and remote work by telematic means. A freelancer with foreign clients does not qualify through this route, even with a digital nomad visa.

✓

Five years without Spanish tax residence

Evidenced with tax residence certificates from the country or countries where you lived in those years.

✓

Evidence of remote work

For non-EU nationals, the international telework visa is the usual evidence. Otherwise, the documentation required by article 119 of the PIT Regulations for remote work. We check which applies to you.

✓

No permanent establishment and Form 149 on time

No income through a permanent establishment in Spain (art. 93.1.c LIRPF), and the election filed within six months of the start of activity shown in your Spanish Social Security registration, or in the document keeping your home-country cover (art. 116 PIT Regulations).

— What about the 20%?

It is an immigration rule of the telework visa (Law 14/2013) that limits work for Spanish companies. It is not a condition of article 93 LIRPF. Going over it puts your residence permit at risk, not the 24% rate. Check it before signing with a Spanish client or employer.

03 Typical risks

Where the regime gets lost.

Drawing from the files that cross our desk, these are the most frequent mistakes remote workers make.

×

Assuming foreign salary is exempt

The costliest error. The 24% applies to the whole salary. Planning cash flow around zero tax ends in a reassessment with interest.

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Thinking freelancers qualify through this route

The remote-work route sits inside the employment contract. A freelancer with foreign clients needs another route: entrepreneurial activity with an ENISA report, or highly qualified professional serving startups. See the self-employed guide.

×

Employer permanent establishment

Working from Spain with authority to conclude contracts for a foreign employer can create a Spanish permanent establishment of that company (art. 5 OECD Model), with tax obligations for it. Review roles and powers before moving.

×

Form 149 filed late

Six months from the start of activity shown in your Social Security registration, or in the document keeping your home-country cover. Once missed, you cannot elect the regime for that move. See the Form 149 guide.

04 FAQ

What remote workers ask.

Do I need a contract with a Spanish company?

No. The contract can be with a foreign employer. The law requires an employment contract and remote work by telematic means. Evidence: the contract, an employer certificate and, for non-EU nationals, the telework visa.

Can I qualify as a freelancer with foreign clients?

Not through this route. You would need to fit as an entrepreneur with a favourable ENISA report or as a highly qualified professional serving startups, each with its own requirements. See the self-employed guide.

Is my foreign salary taxed in Spain?

Yes. During the regime, all employment income is deemed obtained in Spain (art. 93.2.b LIRPF): 24% up to €600,000 and 47% above. If another country also taxes that salary, we review the foreign tax credit.

What if I switch to a Spanish employer?

A contract with a Spanish company is also a valid cause for the regime. Before signing, check that you still meet the requirements, review your residence permit and tell the new payer to apply the regime withholding.

Can my family join the regime?

Yes, if they meet their own requirements: spouse, children under 25 (or any age with a disability) and, without marriage, the other parent of the children. They must arrive with you or later, before your first year under the regime ends, and their combined taxable bases must be lower than yours. See the family guide.

Working remotely from Spain and haven't filed yet?

Tell us your case — employer, relocation date, income mix, immigration status. Within 48 business hours we tell you whether you fit the remote-work route or it should be redirected through another eligible cause.

Reply within 48 business hours · Free initial assessment · Fixed quote after the call