Eduardo Gómez de Salazar The "Beckham clause" has been offered as an incentive for attracting talent in the Spanish Personal Income Tax Law since 2004. It involves a special tax system available for executives and other employees who, on being sent to Spain, meet the requirements to be treated as Spanish tax residents on the terms described in Article 9 of the Personal Income Tax Law, and satisfy the following conditions: They must not have been resident in Spain in the 10 years preceding their assignment to Spain; Their assignment to Spain must take place as a result of an employment contract; Their work must actually be performed in Spain; That work must be performed for a Spanish resident company or entity; The salary income earned under that employment relationship must not be exempt from personal income tax; and The expected compensation under the employment contract in each of the tax periods in which this special system is applied cannot exceed €600,000 ($766,000) per annum. This system allows any taxpayers becoming tax resident in Spain to elect to be taxed, for the five fiscal years following the year they became tax resident, to apply the rules on determining the tax debt established in the Spanish law for non-tax residents.
October 30 2014