★ An independent EU public guide · The Beckham Law Updated November 2026Plain EnglishNot legal advice
RESIDENCE 8 min read

The Beckham Law and your home country: you are tax resident in Spain, but not for the treaty

The regime does not make you a non-resident: you remain an IRPF taxpayer. But, according to the DGT rulings, which apply the pre-2023 wording of the regime, you are taxed only on your Spanish-source income and on your income from work, and that is why you are not resident for the purposes of the treaties with the United Kingdom and with Sweden. What this means for the tax residence certificate and for Wealth Tax.

D By DPLL Tax & Legal · Editorial partner · Barcelona

Under the Beckham Law you are tax resident in Spain and you remain a Personal Income Tax (IRPF) taxpayer, even though your tax is calculated under the rules of the Non-Resident Income Tax. But, according to the DGT, that does not make you resident for the purposes of the double taxation treaties with the United Kingdom and with Sweden, because their article 4.1 excludes anyone who is taxed only on income from sources in that State. You can ask the Tax Agency for a certificate of tax residence in Spain, "but not for the purposes of the provisions of the Treaty" (V2919-17).

Key points

Tax resident in Spain and an IRPF taxpayer

Article 93.1 of the Personal Income Tax Law, in the wording in force since 1 January 2023 that ruling V1953-25 of 16 October 2025 transcribes, begins as follows: "Individuals who acquire their tax residence in Spain as a result of their move to Spanish territory may opt to be taxed under the Non-Resident Income Tax, with the special rules provided for in section 2 of this article, while retaining the status of taxpayers for Personal Income Tax". In other words, to qualify for the regime you first have to be tax resident in Spain, and you are under article 9.1 of the Personal Income Tax Law: by staying in Spain for more than 183 days in the calendar year, or because the main centre or base of your economic activities or interests is located here.

Ruling V0717-13 of 6 March 2013 addressed this head-on. A Portuguese national who was a shareholder in a Spanish company and had a job offer in Spain asked whether by opting for the regime he acquired tax residence in Spain and the status of IRPF taxpayer. The DGT answers that he may opt to be taxed under the Non-Resident Income Tax "but will retain his status as an IRPF taxpayer", and that he will not have "the status of non-resident in Spanish territory". In his case, that prevented him from applying a rule of the 2004 consolidated text of the Corporate Income Tax Law intended for non-resident recipients. That conclusion is tied to that rule and that case, and we do not extend it to other income. The ruling transcribes the 2013 wording of article 93, which had different requirements from the current ones, but the sentence that matters here, the one about retaining the status of IRPF taxpayer, remains in the wording in force.

But you are taxed only on what is treated as obtained in Spain

Being resident does not mean being taxed like any other resident. In V2919-17 of 14 November 2017, the DGT explains that those under the regime "are taxed in accordance with the rules of the Non-Resident Income Tax" on the income treated as obtained in Spain, "income, consequently, from Spanish sources". The only exception to that source rule, in the wording of article 93.2.b) that the ruling applies, is income from work, because paragraph (b) treats all income from work obtained during the regime as obtained in Spain. And from the literal wording of that provision, the DGT adds, "it cannot be inferred that there is taxation on worldwide income".

We explain which foreign income is taxed in Spain and which is not, covering shares, crypto and pensions, in the article on foreign shares, crypto and pensions. Here we focus on the consequence for the treaties.

For the treaty, you are not resident: United Kingdom and Sweden

A double taxation treaty applies to persons who are residents of one or both States, and it is the treaty itself that says who is resident for its purposes, starting from whoever has that status under domestic law. Article 4.1 of the Treaty between Spain and the United Kingdom, done in London on 14 March 2013, treats as resident anyone who is liable to tax in a State by reason of their domicile, residence or any other similar criterion, but adds: "This term, however, does not include any person who is liable to tax in that State in respect only of income or capital gains from sources in that State or capital situated therein".

The DGT connects that clause with the regime. If Spanish law treats all income from work as originating in Spain, anyone under the regime is still taxed "only on income generated in that State", and that is why they fall within the exclusion. V2919-17 states the conclusion in so many words: the person submitting the query, under the regime, "cannot be considered resident for the purposes of the Treaty". The case was that of a British national coming from Switzerland to work as an employee of a Spanish real estate company, who received a pension from the United Kingdom. V2195-22 of 21 October 2022 repeats the same conclusion on the same Treaty for a taxpayer under the regime who expected to obtain gains from his investment in shares of a United Kingdom company.

V2606-17 of 13 October 2017 reaches the same result with another treaty. A Swedish national was going to work as an employee of a newly created Spanish company engaged mainly in the real estate business, and asked precisely whether article 4.1 of the Treaty between Spain and Sweden prevented him from applying it if he opted for the regime. That article says that the term resident "does not include any person who is liable to tax in that Contracting State only in respect of income from sources therein or capital situated in that State". The DGT reasons in the same way and concludes that the person submitting the query "cannot be considered resident for the purposes of the Treaty".

What cannot be generalised

The tax residence certificate: yes, but not for the purposes of the treaty

Article 120 of the IRPF Regulation, transcribed in the three rulings on the treaty, says that those who opt for the regime "may request the certificate of tax residence in Spain regulated in the second additional provision of Order HAC/3626/2003, of 23 December, which appears in annex 9 of that order". The DGT concludes as follows: you may request a certificate of tax residence in Spain, "but not for the purposes of the provisions of the Treaty". In V2606-17 the wording is broader: "of a Treaty".

So the certificate exists and you can request it. What it does not do is prove that you are resident for the purpose of applying the provisions of the treaty. The rulings say nothing more about what it is for, nor do they deal with certificates issued by the authorities of other countries.

And what about your home country?

None of the rulings we cite says how your home country will treat you, whether it will continue to consider you resident or whether you will end up paying tax on the same income in both countries. Nor do they say whether, under the regime, you can apply the deduction for international double taxation in Spain. We do not draw those conclusions ourselves. The only thing they state is what we have told you: you are not resident for the purposes of those two treaties, and the Spanish certificate cannot be used for the purposes of their provisions.

Wealth Tax: limited tax liability (obligación real)

Article 93.1, also in its current wording, says that anyone who opts for the regime "shall be subject to Wealth Tax on a limited tax liability basis (obligación real)", the form of liability that does not extend to all your assets. V0717-13 explains what that entails, under articles 5.Uno.b) and 9.Cuatro of Law 19/1991: you are taxed exclusively on the assets and rights you own "when they are located, can be exercised or must be performed in Spanish territory", and "only the charges, encumbrances and debts for invested capital that relate to those assets and rights shall be deductible". Both halves count: what you hold abroad is not included, but nor can you subtract charges, encumbrances or debts that do not relate to what you hold in Spain.

The ruling does not go into amounts, tax-free allowances or information returns, and neither do we.

Summary

QuestionAnswerSource
Am I tax resident in Spain?Yes. The regime is for those who acquire tax residence in Spain as a result of their move, and you retain the status of IRPF taxpayerArticle 93.1 LIRPF, transcribed in V1953-25; V0717-13
Am I taxed on my worldwide income?No, according to the rulings, which apply the pre-2023 wording: on income from Spanish sources, and on all your income from work during the regimeV2919-17, V2606-17
Am I resident for the purposes of the treaty?No, under the treaties with the United Kingdom and with Sweden. Other treaties, no ruling citedV2919-17, V2195-22, V2606-17
Can I request a tax residence certificate?Yes, but not for the purposes of the provisions of the treatyArticle 120 RIRPF, transcribed in the three rulings on the treaty
What happens in my home country?None of the rulings cited resolves itNo source
Do I pay Wealth Tax on what I hold abroad?No: only on assets and rights located, exercisable or to be performed in Spain, deducting only the charges, encumbrances and debts for invested capital that relate to themV0717-13

Frequently asked questions

Under the Beckham Law, am I tax resident in Spain?

Yes. Article 93.1 of the Personal Income Tax Law, in the wording in force that ruling V1953-25 transcribes, is addressed to individuals who acquire their tax residence in Spain as a result of their move, and says that they opt to be taxed under the Non-Resident Income Tax while retaining the status of IRPF taxpayers. In ruling V0717-13, the DGT adds that anyone who opts for the regime does not have the status of non-resident in Spanish territory.

Can I apply the double taxation treaty between Spain and my country?

It depends on the treaty, and you need to read it. For the Treaty with the United Kingdom (rulings V2919-17 and V2195-22) and for the Treaty with Sweden (V2606-17), the DGT concludes that anyone under the regime cannot be considered resident for the purposes of the Treaty, because its article 4.1 excludes anyone who is taxed only on income from sources in that State. We do not cite any ruling on other treaties, and all three apply pre-2023 versions of article 93.

Can I ask the Tax Agency for a tax residence certificate?

Yes. Article 120 of the Personal Income Tax Regulation allows those who opt for the regime to request the certificate of tax residence in Spain regulated in the second additional provision of Order HAC/3626/2003, which appears in its annex 9. But, according to rulings V2919-17, V2606-17 and V2195-22, not for the purposes of the provisions of the Treaty.

Do I have to pay Wealth Tax on what I hold outside Spain?

Not on what you hold abroad. Anyone who opts for the regime is subject to Wealth Tax on a limited tax liability basis (obligación real). According to ruling V0717-13, that means being taxed exclusively on the assets and rights located, exercisable or to be performed in Spanish territory, and only the charges, encumbrances and debts for invested capital that relate to those assets and rights are deductible.

Will I pay tax twice, in Spain and in my home country?

None of the rulings we cite answers that question. They do not say how your home country will treat you or whether, under the regime, you can apply the deduction for international double taxation in Spain, and we do not draw that conclusion ourselves. What they do say is that, for the treaties with the United Kingdom and with Sweden, you are not resident for the purposes of the Treaty.

Before asking your country or the Tax Agency for anything

What these rulings resolve is what you are for Spain and for two specific treaties. If you have not arrived yet, check when the regime starts to apply in the article on your first year under the Beckham Law; if you have dual nationality, in the one on ruling V2460-25; and for the procedure, in the step-by-step guide. If you want us to review your treaty and your situation, DPLL Tax & Legal, an AEAT Social Collaborator firm based in Barcelona, will look at it with you. Start with a free 10-minute call.

References and sources Article 93 of Law 35/2006 on Personal Income Tax (IRPF), in the wording given by Law 28/2022, with effect from 1 January 2023 · Article 9.1 of the Personal Income Tax Law and article 120 of the Personal Income Tax Regulation (RD 439/2007), as transcribed in the rulings · Article 4.1 of the Treaty between Spain and the United Kingdom of 14 March 2013 (BOE of 15 May 2014) and of the Treaty between Spain and Sweden (BOE of 22 January 1977), as transcribed in the rulings · Articles 5.Uno.b) and 9.Cuatro of Law 19/1991 on Wealth Tax, according to ruling V0717-13 · Binding ruling V2919-17 of 14 November 2017 · Binding ruling V2606-17 of 13 October 2017 · Binding ruling V2195-22 of 21 October 2022 · Binding ruling V0717-13 of 6 March 2013 · Binding ruling V1953-25 of 16 October 2025 · beckhamlaw.eu · Beckham Law guide
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