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Given that it normally takes less time to trigger residence overseas than it does to break UK tax residence, it is perfectly possible to be resident in both countries. In this situation, you would need to consider the double tax agreement between the two countries to resolve any double taxation which then arises. The UK/EU Trade and Cooperation Agreement does not contain any provisions to facilitate new remote working arrangements of the kind envisaged by UK nationals. Employees working outside of the UK will be subject to mandatory employment laws in Spain, for example laws on working time, minimum pay, health and safety obligations, etc. The fact that they are working remotely for a UK employer will not be relevant. Some of these requirements will not apply if the arrangement remains during the COVID19 Pandemic.
While staying less than 183 days in a year, a person will only be taxed on any income generated in Spain. Unfortunately, Spain offers no remote work visa for non-EU citizens or British citizens to stay in Spain long-term. But the country is planning to introduce a special visa for digital nomads and remote workers in the near future. Nationals from third countries need a visa to live and work remotely from Spain for longer than 90 days in a 180 day period. Most non-EU nationals might even need a visa for entering and staying within 90 days. Be sure to check the rules for your specific country of residence.
Working remotely in Spain
Websites Cohabitation Law Practical, legal advice for couples living together. Provided the worker is EU national, there will be no requirement to obtain a visa or work permit. We do not offer recruitment services as such, so unfortunately, we cannot advise you on how to find a job or contract. We will then gladly be in touch with you and your future employer/client to provide you with our work permit and our employment hosting services. Please provide us with as many details as possible about your concrete job offer or contract in the field below, such as; start/end date, duration of the contract, name and location of your future employer. It is up to the company to cover the cost of the provision and maintenance of all resources, equipment, and tools needed by the employee to carry out their job remotely.
Added details of the new audiovisual stay and residence visas. The information provided is up-to-date as of 23 September 2022. Your employer registers you with Spanish social security, if you have a local Spanish work contract. If you are a U.S. citizen who lives in Spain, you can work remotely, but you need to pay the social security tax. You can move to Spain with a residence permit if you can prove that you have a job offer in Spain.
Working in Europe
If you have a family they can join you as dependants if the Spanish company is a large company. You should check with the Spanish authorities which you need before applying. Meet minimum salary requirements according to the relevant collective bargaining agreement and at least €40,077 for technicians and €54,142 for managers and directors . If you’re highly skilled and plan to work for a Spanish company for at least 1 year you can apply for an EU Blue Card. If you do not qualify for an EU ICT permit, you may be able to apply for a national ICT permit.
I am a remote worker, what is the process to get a work permit in Spain? The process to get a work permit in Spain is quite simple and it does not take a long time. The first step is to complete the form, which can be found on the website of the Spanish Ministry of Labour. If you’re planning to work for a company with an office in Spain, you’ll need to apply for a work permit. When you work for a company in the UK, you pay taxes to HMRC (Her Majesty’s Revenue and Customs) in the UK. In Spain, you pay taxes to the Spanish tax authority, the Instituto Nacional de EstadÃstica .
Do I need a work permit to work remotely in Spain?
As a UK employer the company is still obliged to operate PAYE even if you are outside the UK. However, if you are non-resident then it is likely that HMRC will authorise an 'NT' tax code which will allow your salary to be paid without deduction of UK tax. An individual might therefore be forced to obtain a non-lucrative temporary residency visa in order to live in Spain. This is more of a short term inconvenience because after the five years temporary period the individual can apply for a permanent, visa which enables working is Spain as self-employed or employed.
The process of getting a non-lucrative visa can take between one to three months, so plan ahead. It’s recommended to apply three months before traveling to Spain. Many of the protections conferred by Spanish law will be familiar to UK employers, since they derive from EU law – for example the laws on discrimination and working time. However, the elements of employment protection that derive solely from Spanish local law are different, and in some important respects more generous to a worker than the corresponding rights under UK law.
The registration process is very simple and quick, taking no more than a day or two to complete, if the individual has an NIE number. It is also necessary for the individual to obtain a digital certificate to facilitate all the various filings. After the initial reduced charge period social security contributions are at 288,98€ month . Having done this the individual would register as self employed in the social security and tax systems. If you want to start a company in Spain you need a residency visa for entrepreneurs and business activity . You submit a residence card application at the immigration office in Spain.
If you have a family they may be able to join you as dependants under the Schengen visa waiver. You may have to show accreditations or authorisations issued by the Spanish authorities, or other documentation, showing you’re carrying out exempt work. If you have a family they may be able to join you as visitors under the Schengen visa waiver.
Your employer needs to notify Spain’s immigration authorities before you travel. Remote workers legally residing for more than 183 days in Spain need to pay taxes where they are physically located. One’s income source doesn’t play a role in this case, and their income will be taxable for worldwide income.
We offer a Tax and Legal Residence Opinion service that will clearly set out your options with regard to living and paying tax overseas. This will enable you to make an informed decision as to how to structure your affairs and which country of residence will be most advantageous for you. Del Canto Chambers is the only London-based set of chambers specialising in Spanish tax and legal residence. We have an in-depth understanding of international tax, legal affairs, property law and residence issues.
Even though many non-EU citizens have managed to do so, currently the vast majority of consulates will reject your application for that same reason . As we explain through this article, legally speaking it is not possible to work remotely with the non-lucrative residency. If you need more information, here you can access a complete guide on the best cities in Spain for digital nomads. If you start working remotely, you need to be well-connected. Not only in terms of resources, internet connection or infrastructures. The Spanish rhythm is much different than that in any other country in the world.
I would take your own advice so you can work out how much tax you will have to pay and can agree terms but it is your employer who will have to take advice on any implications for them and how they pay you. With such a high ex-pat population in Spain you should be able to find a reasonably local accountant there, or a recommendation from someone there. There will be very few people here who know the fine detail of how tax works in Spain. A lot will depend on the specifics; that said, living and working in Spain permanently will almost certainly mean you are subject to that country's tax laws and procedures. Most visas will require a visit to a Spanish embassy, though a potential employer can make the application for a worker in some instances. If you work for a UK based large company in Spain for more that 8 years, are you legally entitled to a Spanish contract ?
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