Can British expats in Spain choose UK law for their estate? Learn how Article 22 of Brussels IV affects succession, forced heirship and Spanish inheritance tax.

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Many British employees move to Spain and keep their UK job, assuming that because they are still paid in sterling through a UK payroll, nothing about their tax changes. It changes almost immediately. This article explains how Spanish tax residency captures your salary, why your UK employer can be pulled into the Spanish tax net, and how social security is meant to be handled so you do not pay twice.
Most British expats working remotely from Spain for a UK employer believe their tax position is unchanged, because they are:
In practice, that feels reasonable. It is also where the gap starts.
The country that taxes your employment income is not decided by where your employer sits or where your salary lands. It is decided by where you are tax resident and where you physically do the work.
This article exists to explain how living in Spain and working for a UK employer changes your tax position, why your salary becomes taxable in Spain, what risk you may be creating for your employer, and how social security is meant to be handled so you are not caught paying into two systems at once.
Spain decides your residency using three domestic tests, and you only need to meet one of them.
For a remote worker, the first test is usually the one that bites. If you are living in Spain and doing your job from there, the days accumulate quickly.
The detail that surprises people is timing. Spain has no split-year treatment. Meet any test and you are treated as resident for the whole calendar year, from 1 January to 31 December, backdated even if you arrived in June. Your worldwide income for that entire year then falls to be taxed in Spain.
That single feature, the lack of a split year, is why arriving in the second half of a year still needs planning. You do not get a clean line at the border.
There is one more nuance worth flagging. Sporadic absences, a fortnight back in the UK or a work trip abroad, do not reset your day count. They still count as Spanish days unless you can positively prove tax residency in another country during that time, which a short trip rarely establishes.
Once you are a Spanish tax resident, Spain taxes you on your worldwide income. Employment income earned by doing your job physically in Spain is at the centre of that, not at the edge of it.
It does not matter that the employer is British, that the contract is governed by English law, or that the money never touches a Spanish account. The work is performed in Spain by a Spanish resident, so Spain has the right to tax it.
Spanish general income tax is progressive. Combined state and regional rates run from roughly 19% at the bottom to about 47% at the top. The regional half of the rate varies: Madrid tends to sit lower, while regions such as Catalonia and Valencia sit higher, so the same salary can produce a different bill depending on where in Spain you live.
Meanwhile your UK payroll is still deducting PAYE, because as far as the UK system knows nothing has changed. That is how people end up temporarily taxed in both places, which is uncomfortable but fixable through the treaty and the correct paperwork, as long as it is dealt with rather than ignored.
A situated warning is worth stating plainly. If you let a full calendar year run with UK PAYE deducted and no Spanish return filed, you are not saving tax. You are accumulating a Spanish liability that has not been settled, and untangling it later is harder than arranging it at the start. This is exactly where getting the first year of residency right pays for itself.
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This is the part employees rarely see, and it is often the part employers care about most.
When an employee habitually works from a fixed location in Spain, the tax authorities can argue that the UK employer now has a taxable presence in Spain, known as a permanent establishment. If that argument succeeds, a slice of the employer's profits attributable to the Spanish activity can become subject to Spanish corporation tax, alongside registration and filing obligations the company never planned for.
The risk rises when the role involves things such as:
A back-office or purely internal role carries less risk than a client-facing, revenue-generating one, but no employee should assume the risk is zero. Many UK employers now ask exactly these questions before agreeing to a Spanish arrangement, and being able to answer them calmly is part of protecting your own position.
If you are the one who wants the move to work, understanding the permanent establishment question is not your employer's problem to solve alone. It is a shared conversation, and going into it informed makes a yes far more likely.
Tax and social security are separate systems with separate rules, and they can point to different countries. It is entirely possible to be taxed in Spain while still, correctly, paying social security in the UK, but only if the paperwork exists.
For a UK employee posted to or working in Spain, the mechanism is an A1 or posting certificate. It confirms that you remain within the UK social security system for a defined period, so you keep paying UK National Insurance and are not also charged Spanish social security on the same earnings.
The practical trap is silence. If nobody applies for an A1, nobody is told you have left the UK system, and the gap only surfaces when Spanish authorities look for the contributions they believe are due. Sort the certificate before or at the point of the move, not afterwards.
Residency does not just capture your salary. It captures everything, and it recategorises some of it in ways that change the rate you pay.
Once resident in Spain you also declare, and are taxed on:
Spanish savings income has its own rate ladder: 19% up to 6,000 euros, 21% from 6,001 to 50,000 euros, 23% from 50,001 to 200,000 euros, 27% from 200,001 to 300,000 euros, and 30% above 300,000 euros. These rates are the same across the whole of Spain, unlike the general income rates.
So a remote employee who also has a UK buy-to-let and a share portfolio is not filing a simple return. They are reporting a salary at general rates, rental income with credit relief, and investment income at savings rates, all in one place. This is often where the shift from flexible to fully declared income becomes real.
The UK-Spain Double Tax Convention exists precisely to stop the same income being taxed twice with no relief. It does not, however, usually mean you pay only UK tax or only Spanish tax. It coordinates the two.
For employment income performed in Spain by a Spanish resident, Spain has the taxing right. The UK, as the country that no longer taxes you as a resident, should stop taxing that salary, and any UK PAYE incorrectly deducted is reclaimed through the correct process rather than simply ignored.
The treaty also contains a tie-breaker used only if both countries claim you as resident. It runs in strict order:
Each test is only reached if the one before it does not decide the question. For most remote workers who have genuinely moved their life to Spain, the answer lands early, and it lands on Spain.
To claim treaty relief you generally need a Spanish tax residency certificate, the version issued with agreement, or convenio, which the Spanish tax agency issues in Spanish and English, usually within about 20 days and valid for 12 months.
People hear about the Beckham regime, a special tax regime offering a flat 24% on employment income up to 600,000 euros, and assume it is the answer to a high UK salary. For an ordinary remote employee it usually is not, for two reasons.
First, the eligibility. The regime is for people who become resident because of an employment relationship, a company directorship, or as an employed Digital Nomad Visa holder, and who have not been Spanish tax resident in the previous five years. You apply within six months of Spanish social security registration. A quiet arrangement to keep working for your existing UK employer does not automatically qualify, and the route in matters.
Second, and more importantly, even under the regime foreign employment income stays taxable in Spain. The regime keeps much foreign-source income outside Spanish tax, but it makes a specific exception for foreign employment income. So the UK salary, the very thing you hoped to shelter, remains inside the Spanish net.
There is a narrower path where the regime does become relevant, which is the Digital Nomad Visa, and that is covered fully in the sibling article on that visa. For a standard employee who simply relocated and kept their job, the honest answer is that Beckham rarely rescues the salary.
Numbers make this concrete, so consider a British employee on a UK salary equivalent to about 70,000 euros who moves to Spain in June and keeps the same job.
The headline point is not that the total is always higher in Spain. Depending on the region and the income mix it can be broadly comparable. The point is that the tax is now owed in Spain, on the Spanish timetable, and the UK deductions have to be unwound. Getting that flow right is the difference between a tidy transition and a year of correspondence with two tax authorities.
It is also why a regional choice, Madrid versus a higher-rate region for example, is a genuine financial decision rather than only a lifestyle one, and one worth modelling before you sign a lease.
Almost every avoidable problem in this area is a timing problem, and it happens before a single Spanish return is filed.
The renta declaration covers the previous year, so 2025 income is declared between April and 30 June 2026. That lag lulls people into thinking nothing is due, right up to the point where a full year of unmanaged liability lands at once.
A short warning worth repeating: the cheapest version of this arrangement is the one set up correctly on day one. The most expensive version is the one reconstructed a year later from bank statements and payslips.
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The patterns repeat, and they are worth naming so you can recognise your own situation in them.
None of these are exotic. They are the default outcome of doing nothing, which is why doing nothing is the real risk here, not any single decision you might make.
The through-line is that every one of these mistakes comes from assuming the tax follows the paperwork, when in reality the tax follows the person. Move the person to Spain, and the tax moves with them, whatever the payslip says.
Good advice in this area is not about finding a loophole. It is about sequencing a set of moving parts so that two tax systems and one employer all end up satisfied.
The value is coordination. Each of these on its own is manageable. Left uncoordinated, they collide, and the collision usually lands in the first year.
If you are reading this and thinking:
then the useful next step is not a dramatic restructuring. It is a short, specific conversation that maps your actual situation against the Spanish rules, before the first return forces the questions for you.
Getting clarity now is far cheaper than correcting a full year later, and it usually removes far more worry than it creates.
This is not about whether you are allowed to work remotely from Spain for a UK employer. You are.
It is not about:
It is about:
The move feels like nothing has changed because the job has not. The tax reality is that almost everything about where and how that job is taxed has. Close that gap early, and the arrangement that felt too good to question becomes one that comfortably survives a closer look.
Once you are Spanish tax resident, Spain taxes your worldwide income, and your employment income earned while physically working in Spain is taxable there. The UK should stop taxing that salary as you are no longer UK resident, and any PAYE incorrectly deducted is reclaimed through the correct process. The UK-Spain treaty prevents genuine double taxation through credit relief.
No. The country that taxes your salary is determined by where you are tax resident and where the work is done, not by where the employer sits or which currency you are paid in. A Spanish resident doing the work in Spain is taxable in Spain regardless of the payroll arrangement.
If you habitually work from a fixed place in Spain, the tax authorities can argue your UK employer has a taxable presence, a permanent establishment, in Spain. That can expose part of the employer's profits to Spanish corporation tax plus registration and filing duties. The risk is higher for client-facing, revenue-generating or contract-concluding roles, which is why many employers ask about it before agreeing to a Spanish arrangement.
An A1 or posting certificate confirms you remain in the UK social security system for a defined period, so you keep paying UK National Insurance and avoid also paying Spanish social security on the same earnings. Without one, the default is that you fall into the Spanish system. It should be arranged at the point of the move, not afterwards.
Usually not for an ordinary remote employee. Even under the Beckham regime, foreign employment income stays taxable in Spain, so your UK salary is not sheltered. The regime also has strict eligibility around moving for an employment relationship and not having been Spanish resident in the previous five years. The main exception where it becomes relevant is the Digital Nomad Visa, covered in a separate article.
Spanish residents file the annual Modelo 100 in arrears, roughly early April to 30 June for the previous calendar year, so 2025 income is filed between April and 30 June 2026. Because of that lag it can feel like nothing is due, but the liability accrues from the year you become resident, backdated to 1 January.
Andy is a highly experienced financial services professional and joined Skybound Wealth Management from a major European Wealth Management business, bringing with him considerable industry knowledge and expertise.
This article is for information purposes only and does not constitute financial advice. Financial planning outcomes depend on individual circumstances, residency, tax status, and objectives. Professional advice should always be sought before making financial decisions.
Working from Spain for a UK employer can create questions that neither your UK payroll nor your employment contract answers on its own.

Andy Buchanan helps British expats understand these moving parts and identify where action may be needed before problems become expensive to correct.

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A short consultation can help you understand what applies to your circumstances before a filing deadline or tax issue exposes the gaps.