Company director
Documents for the Beckham Law as a company director
You move to Spain to take up a directorship. The cause of the move is the appointment, so the documents evidence two things: that you were appointed, and what kind of company it is.
Since 2023 the ownership limit only applies to asset-holding companies (entidades patrimoniales): there you cannot own more than 25%. For an operating company there is no cap, which opened the route to founders and owner-managers.
The date your 6 months count from
Your Social Security registration as director, or the document evidencing the start of the directorship.
Work out your exact due date →The documents, one by one
In the order a professional would ask for them. The first item is the one that starts your deadline.
- 01
Social Security registration (alta) showing the date
- Why it matters
- It is the date the 6-month clock starts from. AEAT checks it against Social Security’s own records.
- Where to get it
- Your employer registers you. Ask HR for the registration resolution, or download the “informe de vida laboral” from the Social Security portal.
- The usual mistake
- Counting the 6 months from your arrival or your contract date instead of the registration.
- 02
Passport and NIE
- Why it matters
- Identifies you on Modelo 149 and every later filing.
- Where to get it
- The NIE is issued by the police (Extranjería) in Spain or by a Spanish consulate before you travel. EU citizens receive it with their registration certificate.
- The usual mistake
- Filing with a passport number only. The form asks for the NIE.
- 03
Proof of tax residence abroad for the last 5 years
- Why it matters
- You must not have been a Spanish tax resident in the five tax years before the move, and the burden of proof is yours.
- Where to get it
- Tax returns, assessments or residence certificates from the country you lived in, for each of those years.
- The usual mistake
- Gaps. If you spent a year travelling with no tax residence anywhere, gather what you can: leases, bank statements, travel records.
- 04
Deed or document evidencing your appointment as director
- Why it matters
- For the director route this is the document that evidences the cause of the move.
- Where to get it
- The board or shareholder resolution appointing you, the notarial deed where applicable, and the Mercantile Registry filing.
- The usual mistake
- Being a director of a company that only holds assets while owning more than 25% of it: that excludes you.
- 05
Company documents: incorporation, ownership, your role
- Why it matters
- When the employer is your own company or you are joining a board, AEAT checks who owns it, what it does and your role in it.
- Where to get it
- Registry extracts, articles of association, shareholder register, board minutes, and for a US company the formation documents and EIN letter.
- The usual mistake
- Not being able to show what the company actually does. For a personal holding company the 25% ownership cap applies.
Family moving with you? Add the family documents: each member applies separately. Civil registry of the country of issue, apostilled and translated where required, plus each member’s Social Security or registration date.
Particular to this route
- Director’s remuneration is employment income for the regime, taxed at 24% up to €600,000. Dividends from the company are not, and follow the non-resident rules.
- If the company is Spanish, your Social Security regime as director (general regime, assimilated, or self-employed “autónomo societario”) depends on your shareholding and control. The registration date still starts the clock.
- For a personal holding company, check the 25% cap before anything else. It is a hard exclusion.
When to have what
- 01
Before the move
Gather the proof of residence abroad for the last five years, request the NIE and start the digital certificate. These three take the longest and none depends on your employer.
- 02
Registration day
Write the date down. Run it through the deadline calculator and put the due date, and a date four weeks earlier, in your calendar.
- 03
Weeks 1 to 4
Assemble the route documents: contract, letters, company papers. Order translations where needed. Decide whether you file yourself or through a professional.
- 04
Well before month 6
File Modelo 149. There is no advantage in waiting and every week of margin absorbs a paperwork problem.
- 05
After approval
Give AEAT’s certificate to your employer so withholding drops to 24%. From then on you file Modelo 151 each year instead of the standard return.
Frequently asked questions
What counts as an asset-holding company?
Broadly, a company where more than half of the assets are not used in an economic activity (investments, property held passively). The 25% ownership cap applies only to these. Operating companies have no cap.
I am both director and majority shareholder of an operating company. Do I qualify?
The directorship is a qualifying cause and there is no ownership cap for operating companies. The practical questions are your Social Security regime and keeping remuneration clearly separate from dividends.
Want to know where you stand?
Five minutes, no sign-up: verdict, deadline and what it is worth. Or ask to be matched with a registered professional for a fixed quote.
General information, not tax or legal advice. The regime has cumulative requirements and a 6-month deadline with no extensions; whether it fits you depends on your full situation.
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