In summary…
The Beckham Law (special regime for unemployed workers in Spanish territory, Article 93 of the Spanish Income Tax Law (LIRPF) offers employees and managers transferring their tax residence to Spain a flat tax rate of 24 % on Spanish-source employment income up to €600,000, and 47 % on income exceeding that amount. Spanish-source capital income is taxed according to the Spanish capital gains tax scale (19 % to 28 % since 2025). Foreign-source income is exempt from Spanish taxation for certain categories (foreign employment income, foreign dividends under certain conditions).The scheme lasts for the year of transfer plus the following five years (a total of six years). Conditions: non-residence for Spanish tax purposes for five years prior to application (reduced from ten to five years in 2023), transfer of residence justified by an employment contract, a directorship, an innovative or entrepreneurial activity, or a digital nomad status expanded by the Startups Law 28/2022. The application must be submitted within six months of arrival using form 149.
Evolution of the system: from Beckham 2005 to the Startups Act 2022
The scheme was created in 2005 in the context of the return of international talent to Spain, popularized by the footballer David Beckham (hence its common name). Initially reserved for expatriate employees and managers, it has been progressively expanded to cover company directors, research profiles, and more recently digital nomads and entrepreneurs.
The major recent reform is Law 28/2022, known as the Startups Law, which came into effect in 2023. It expanded eligibility to include digital nomads (those working remotely for a foreign employer), entrepreneurs with a declared project of public interest (entrepreneur visa), highly qualified professionals under specific conditions, and family members of the primary beneficiary. It also shortened the requirement of prior non-residence from 10 years to 5 years.
Eligibility requirements 2026
Condition 1 — Non-residence for Spanish tax purposes for the previous 5 years
The candidate must not have been a Spanish tax resident during the five tax years preceding their transfer of residence (the period was reduced from 10 to 5 years by the Startups Law in 2023).
Condition 2 — Eligible cause of transfer
The transfer must be motivated by one of the following situations: salaried employment contract with a Spanish employer or with a foreign employer without permanent activity in Spain (digital nomad), mandate as manager of a Spanish company, research, development and innovation activity, entrepreneurial activity (holding a majority stake in a non-patrimonial Spanish company and effective exercise of an activity), exercise of a highly qualified profession with a startup within the meaning of Law 28/2022.
Condition 3 — Application within the deadlines.
The applicant must request the option for this scheme using form 149 within six months of registering with the Spanish Social Security system or the effective start of their employment. Failure to meet this deadline will result in the final rejection of the application for the stay in question.
Taxation applicable under the Beckham regime
| Income category | Beckham diet | Spanish common law regime |
| Employment income from source ES (≤ €600,000) | 24 % flat rate | Scale up to 47 % |
| Employment income from source ES (> €600,000) | 47 % flat rate | Scale up to 47 % |
| Income from foreign employment (digital nomad) | Not taxable in Spain (subject to conditions) | Taxable according to the standard tax scale (ordinary resident) |
| Dividends from Spanish sources | 19 to 28 % (PV ES scale) | 19 to 28 % |
| Dividends from foreign sources | Exemption (under strict conditions) | Taxation according to the PV scale |
| Capital gains on securities source ES | 19 to 28 % | 19 to 28 % |
| Capital gains on securities from foreign sources | Exemption (subject to conditions) | Taxation |
Technical Focus: Scope of exemption for foreign-source income (capital gains and dividends)
Our firm's analysis: Article 93 of the LIRPF (Spanish Income Tax Law) establishes an asymmetrical separation between earned income and savings income.. It is precisely in this mechanical flaw that the real added value lies for French executives transferring their assets.
To validate and establish the applicable policy in 2026, here is the exact scope of this preferential tax treatment. :
- Income from work (Remuneration): The Beckham Law applies an exclusive worldwide attraction rule to employment income related to the contract or managerial position that motivated the transfer. All of this income is taxable in Spain at a flat rate of 24 % up to €600,000, and 47 % beyond.
- Dividends and interest from foreign sources: They benefit from a principle of strict territoriality. If they come from assets located outside Spain (international securities accounts, dividends from a French or Luxembourg holding company), they are exempt from Spanish tax.
- Capital gains on securities from foreign sources: The sale of foreign securities (shares in a French SAS, shares in European start-ups) is totally tax-exempt in Spain, provided that the assets are not classified as assets located in Spanish territory.
The strategic link with the France-Spain Tax Convention
For a French executive under the Beckham regime, the arbitrage of financial assets and shareholdings remaining in France allows for a dramatic optimization of tax friction thanks to the bilateral convention of October 10, 1995. :
- Transfer of shares in French companies (excluding real estate): Article 13 of the convention grants the exclusive right to tax capital gains on the sale of securities to the seller's state of residence (Spain). Since Spain applies the Beckham exemption to foreign-source gains, the arrangement generates a double exemption, full and perfectly legal (0 % in France, 0 % in Spain). It's the ultimate tool for a exit of a tech founder.
- French-source dividend flows: Article 10 of the convention limits French withholding tax (RAS) to 15 % (instead of the flat tax rate of 30% or the standard rate for non-residents). Since Spain does not tax this flow under the Beckham status, the net-net tax burden is definitively capped at 15%, without any French social security contributions (CSG/CRDS).
- The real estate exception: Note that gains from companies with predominantly French real estate holdings (SCI, etc.) are an exception to this rule and remain taxable in France (Article 6 of the convention).
Modeling & Stress Testing: Anticipating the end of the regime
You can model this toggle yourself with our tax mobility and expatriation simulator.
At Balmont Conseil, the leading AI-powered wealth management firm, we emphasize that a successful international strategy is evaluated not at the entry point, but at the exit. The window of opportunity under the Beckham Law is strictly limited to 6 years (the year of the transfer + 5 years)..
During the 6th year, the automatic switch to the standard Spanish progressive tax scale (IRPF rising to 47% from €300,000, excluding the specificities of the Autonomous Communities) and the sudden exposure of worldwide income necessitate having structured a asset holding company or to have cleared its unrealized capital gains beforehand.
France-Spain Tax Treaty
The reverse movement follows different rules: see our page on repatriation to France.
There France-Spain tax treaty signed on October 10, 1995 (amended by addenda), it determines the allocation of taxing rights between the two states. For a Spanish tax resident benefiting from the Beckham regime:
- Dividends paid by a French company are subject to a withholding tax of 15% (the standard rate for shareholdings below 10%, with a reduced rate possible for those exceeding this threshold). This withholding tax entitles the taxpayer to a tax credit in Spain under the standard tax regime, but its interaction with the Beckham regime must be analyzed on a case-by-case basis depending on the type of income.
- Capital gains from the sale of shares in French companies are taxable in the state of residence of the seller (Spain), except in cases of predominantly French real estate.
- Real estate income from French sources remains taxable in France (Article 6 of the convention).
Case study: French executive creating his start-up in Madrid
Let's imagine a profile: Mathieu, a 42-year-old French business owner selling his first tech company in France for 8 million euros, plans to create a new company in Madrid in 2026. Spouse non-resident, two young children.
| Stage | Effect |
| Sale of company in France 2026 | PFU 30 % France = €2,400,000 in taxes |
| Transfer of residence to Spain 2026 | Exit tax on new shareholdings, automatic deferral (EU) |
| Creation of a Spanish holding company + operational activity | Eligibility for the Beckham scheme via executive mandate |
| Income from the new activity (case: €250,000/year salary for an ES executive) | 24 % flat rate = €60,000/year |
| Additional foreign income (investments €8 million proceeds from sale) | ES exemption under Beckham conditions, FR withholding tax on FR dividends |
Balmont Reading
The Beckham law is designed for working professionals, not for those living off investments. This is its major difference from the Italian neo-residenti regime.
Regardless of the chosen system, the approach remains the same: our Wealth management guide for expatriates It outlines the seven stages, from choosing a residence to passing it on.
For a French executive who creates a new company in Barcelona or Madrid, takes an operational role in a Spanish subsidiary of a European group, or positions himself as an active business angel, Beckham combines an advantageous tax framework with real professional integration.
For a seller who simply wants to manage their assets, Italy remains more efficient. The 6-year window (5+1) is also shorter than the 15-year Italian and 10-year Portuguese periods. Post-Beckham exit planning is therefore a topic in itself.
Our guarantee
- High-Precision Expertise: A dual French-Spanish legal culture to secure your cross-border flows without the slightest approximation.
- Hybrid Technology: Our AI models simulate and stress-test your net-net disposal and arbitrage gains after tax based on your future holding structure.
- Absolute objectivity: An open architecture coupled with strict adherence to the Anacofi code of ethics, guaranteeing advice exclusively aligned with your interests.
Ready to confirm your eligibility? Don't let a procedural flaw or exceeding the 6-month deadline invalidate your tax benefits. Conduct a thorough assessment with our team to quantify the net impact of your relocation.
Legal sources:
- Article 93 of the Spanish Income Tax Law (LIRPF) and amendments resulting from the Startups Law 28/2022.
- Tax Convention between the French Republic and the Kingdom of Spain of 10 October 1995 (in particular articles 6, 10 and 13).
- ANACOFI-CIF Code of Conduct and AMF/ACPR Positions on Asset Management international wealthe.
