Proposed reforms in the «Beckham tax regime»

Ley Beckham

Proposed reforms in the «Beckham tax regime»

On December 13, the draft Law on the Promotion of the Ecosystem of Emerging Companies was presented in Congress.

One of its most relevant measures in tax matters is the modification of the impatriate regime, known as the «Beckham law», which consolidates its current framework, makes it more accessible and solves some of its gaps.

In relation to the draft law that we discussed in this forum in July, some changes have been introduced that improve the initial proposal. However, we believe it is still shy to attract entrepreneurs or professionals, generators of initiatives and added value in the Countries in which they reside.

Although as a general rule the application of the special regime is limited to those who acquire residence in Spain as a result of an employment contract or their appointment as administrator of an unrelated company, two new cases of moving to Spain at the initiative of the taxpayer himself are added:

  • That of remote workers, who provide their services exclusively by computer, telematic and telecommunication means.
  • That of workers or directors of a related company, but provided that it is a start-up “empresa emergente”.

It is maintained the extension of the regime to the spouse (or parent of their children) and to children under 25 years of age and disabled children; unless their respective income tax bases exceed that of the spouse or parent displaced to Spain that gave rise to the application of the regime.

Regarding the time requirements and deadlines, the project maintains the reduction to 5 years of previous non-tax residence in Spain to be entitled to apply the regime. Finally, the maximum duration of the regime has not been modified, which will remain 5 years following the year in which tax residence in Spain is acquired.

For its entry into force scheduled for January 1, 2023, the parliamentary processing of the Project and its approval must take place during 2022 and, where appropriate, before the end of the current legislature.

Tax Law Department

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