We already covered the case of digital nomads who invoice as freelancers to a client or company abroad, and why that situation doesn’t fit the Beckham Law no matter what the visa is called. [You can read that post here].
But the «digital nomad» umbrella actually covers a completely different profile, and it’s one we get asked about just as often: someone who’s still an employee of their foreign company and relocates to Spain to keep working remotely for that same employer. That’s where the answer changes.
This case can qualify for the special regime.
The law addresses this directly: the causality requirement is met when the relocation is ordered by the employer and there’s a formal assignment letter, or — without being ordered by the employer — when the work is carried out remotely using exclusively computer, telematic, and telecommunications tools.
This second scenario is specifically designed for employees holding the international teleworking visa.
In other words: your company doesn’t need to have «sent» you to Spain. It’s enough that you’re still their employee, that your work is done remotely, and that you obtained the digital nomad visa on that basis.
So where’s the difference from the case we already covered?
Employee teleworking for their foreign company, on payroll and registeres as an amploye, can apply for the regime.
Freelancer/self-employed invoicing clients or companies aborad, digitl nomad visa or not, cannot.
The visa is identical in both cases. What differs is what’s behind it: whether you’re registered as an employee or invoicing as self-employed.
It’s an easy distinction to miss, because the visa’s own name, «digital nomad» doesn’t separate the two, and immigration authorities don’t require that distinction to grant it. The Spanish Tax Agency does, for the flat 24% rate.
That’s why, when someone comes to us with an international teleworking visa, the first thing we look at isn’t the visa itself, it’s the contract and the real relationship with the company: whether you’re still registered as an employee back home, whether there’s a payroll, whether your foreign employer recognizes that employment relationship.
Once that’s clear, we can tell you with confidence whether your case fits.
If you moved to Spain as a remote employee and want to confirm whether your situation lets you apply for the Beckham Law, we’ll review it with you before your six-month deadline runs out.
Here you can see the full requirements and how we work or write to us directly if you’d rather go through it together right away.