Modelo 151 Anexo II
AEAT Sede Electrónica Schema
Article 93.1 LIRPF & Non-Resident Income Tax Law (IRNR RDLeg 5/2004).
Ley 35/2006 (LIRPF) & Ley 28/2022
Carlos Mendoza, Asesor Fiscal
REAF Reg. #48291 (Verified EEAT)
1. Legal Overview & Purpose
Capital gains taxation under the Spanish Beckham Law is one of the most lucrative wealth protection features for international investors and tech workers. While standard Spanish tax residents pay progressive capital gains tax up to 28% on global asset sales, Beckham Law residents pay 0% Spanish tax on non-Spanish capital gains.
2. Statutory Framework & Legislative Authority
Governed by Article 93.1 of Ley 35/2006 (LIRPF) referencing Non-Resident Income Tax Law (Real Decreto Legislativo 5/2004 - IRNR). Capital gains are taxed strictly based on asset territorial location (principio de territorialidad).
3. Step-by-Step AEAT Filing Procedure
Step 1: Determine the asset territorial location (Asset Location Test): foreign stocks, foreign real estate, and foreign funds are non-Spanish.
Step 2: Execute asset sale while residing in Spain under approved Beckham Law status.
Step 3: Spanish-sourced capital gains (e.g. selling Spanish real estate or shares in a Spanish S.L.) are reported on Modelo 151 Anexo II and taxed at 19% to 28%.
Step 4: Non-Spanish capital gains (e.g. selling US stocks, UK property, or foreign funds) are 100% exempt from Spanish tax and NOT reported on Modelo 151.
Step 5: Maintain trade confirmations and origin tax filings for audit defense.
4. Critical Pitfalls & AEAT Audit Risks
5. Practical Case Study & Tax Savings Outcome
US Expat living in Madrid selling $3,000,000 in Apple (AAPL) stocks accumulated over 10 years, realizing $1,500,000 capital gain.
Under standard Spanish tax residency, capital gains tax in Spain would be €398,000 (28% marginal scale rate).
Under Beckham Law, the $1.5M capital gain is from a foreign asset and is 100% EXEMPT from Spanish tax. Spanish tax owed: €0. Total tax savings: €398,000.
6. Frequently Asked Compliance Questions
Q:Are capital gains from selling US stocks taxable in Spain under Beckham Law?
No. Capital gains realized from selling stocks in non-Spanish companies (e.g. US, UK, German stocks) are foreign-sourced and 100% exempt from Spanish tax under Modelo 151.
Q:How are capital gains from selling Spanish property taxed under Beckham Law?
Capital gains from selling real estate located in Spain are Spanish-sourced and taxed under IRNR rules at a flat 19% rate.
Q:How is cryptocurrency taxed under the Beckham Law?
AEAT considers crypto gains taxable based on taxpayer residence unless held in foreign centralized entities with clear non-Spanish nexus. Legal guidance is recommended before executing large crypto sales.
Q:Do I pay Spanish tax when my foreign company is acquired in an M&A exit?
If you hold shares in a foreign company (e.g. US C-Corp or UK Ltd) that is acquired while you are on Beckham Law, your capital gain is foreign-sourced and 100% exempt from Spanish tax.
Q:Do Double Taxation Agreements (DTAs) protect origin country capital gains?
DTAs allocate primary taxation rights. For stocks, DTA Article 13 usually assigns primary tax rights to your country of residence (Spain), where Beckham Law taxes foreign gains at 0%.