Beckham Law 2026: Missed Your 6-Month Window? Strategic Alternatives
What to do if you missed the Beckham Law 6-month deadline, especially on a startup visa. Tax planning strategies for late applicants.
The Beckham Law 6-Month Window: Why It’s Absolutely Critical (And What to Do If You Miss It)
Spain’s Beckham Law is one of Europe’s most generous tax regimes: 24% flat tax on earned income versus Spain’s standard progressive 45% top rate. But there’s a catch that catches most entrepreneurs off guard:
You have exactly 6 months from establishing Spanish tax residency to apply. Miss this window? You lose Beckham Law permanently and face standard progressive taxation.
For startup visa holders—the exact entrepreneurs who could benefit most—this window often expires while they’re still building their business, not earning income. This guide covers what happens when you miss it, and the strategic alternatives that can salvage your tax situation.
The 6-Month Beckham Law Window: Countdown to Miss
How the clock starts: When you establish Spanish tax residency (arrival date documented by empadronamiento + 183+ days presence), the Beckham Law application window opens.
The absolute deadline: 6 calendar months from that date.
Example Timeline:
| Date | Event |
|---|---|
| Jan 1, 2026 | Arrive in Spain, establish residency (empadronamiento) |
| Jan 1 - July 1 | Your 6-month window |
| July 2, 2026, 00:01 | Window closes FOREVER |
| July 2, 2026 onwards | Standard Spanish taxation applies (25-45% on earnings) |
This window is not negotiable. Spanish tax authorities don’t grant extensions, exceptions, or retroactive applications.
Common Scenario: Startup Visa Holders and the Timing Trap
Why startup visa holders miss this window:
Startup Visa timeline:
- Months 0-2: Arrive, register company, get NIE, open bank account
- Months 2-6: Building product, not earning revenue
- Months 6+: Revenue finally starting, ready to take salary
The problem: By month 6, they’ve been in Spain just long enough to qualify for Beckham Law, but haven’t earned income yet. Many think:
- “I’ll apply for Beckham next year when I’m profitable”
- “No income yet, so no point applying”
- “I’ll apply retroactively once revenue comes”
All of these assumptions are wrong. Beckham Law must be applied for during the window, regardless of current income.
Example: Sasha arrives Jan 1, starts coding her SaaS. By June 1, she has a product but zero revenue. She thinks “no earnings yet, I’ll apply for Beckham in year 2 when I’m making money.” July 2 arrives. She’s missed the window. Her first €100,000 in revenue (Month 9+) will be taxed at Spain’s 45% top rate instead of 24% Beckham. Cost: €21,000 in extra taxes on that first year alone.
What Happens When You Miss the Beckham Law Window
Standard Spanish Taxation (Your New Reality)
Once the 6-month window closes, you fall into Spain’s standard progressive tax system:
Income Tax Rates (2026):
| Income Range | Tax Rate | Your Cost |
|---|---|---|
| €0 - €21,000 | 19% | €3,990 |
| €21,000 - €45,000 | 24% | €9,990 |
| €45,000 - €60,000 | 30% | €13,500 |
| €60,000 - €300,000 | 37% | Variable |
| €300,000+ | 45% | Maximum |
Comparison to Beckham:
- €100,000 income under standard rates: €37,000 tax (37% marginal)
- €100,000 income under Beckham Law: €24,000 tax (24% flat)
- Difference: €13,000 per year
Over 5 years (typical founder trajectory to profitability): €65,000-150,000 in additional taxes.
Plus: You Still Can’t Get Beckham Back
Spain does not allow:
- Retroactive Beckham applications
- Reopening the 6-month window
- Waiving Beckham requirements
- Appeals to Spanish tax authorities
Once missed, it’s permanently closed.
Strategic Alternative #1: Beckham Law for Self-Employed (Autónomo) [Timing Loophole]
There’s a secondary Beckham Law pathway for self-employed (autónomos) that has a different window:
For Freelancers/Consultants (not corporate employees):
- 24% flat tax on self-employment income
- Window: First 4 years of business activity (NOT 6 months from residency)
- Requirement: File as autónomo (self-employed)
If you’re still within your 4-year window as a freelancer: This is salvageable. Switch to autónomo status, apply for self-employed Beckham, retroactively claim the benefit.
Cost: €300-500 to restructure via gestoría Timeline: 1-2 months Benefit: Recover some tax savings from missed corporate Beckham
Limitation: Only works if you haven’t yet incorporated or formed an SL (company). Once you have a company, you’ve forfeited this pathway.
Strategic Alternative #2: Capital Gains Optimization (Planning Ahead)
If you’re a founder building to exit (acquisition or IPO), missed Beckham doesn’t mean you’re doomed—but you need a different strategy:
Structure for Exit (5-10 year horizon)
Problem: You’ll pay 37% income tax on salary, but exit gains face different treatment.
Solution: Equity-Heavy Compensation Structure
Instead of:
- Taking €100,000 salary/year (€37,000 tax)
Consider:
- Taking €30,000 salary + equity options (€5,700 tax + equity optionality)
Why: When you exit, capital gains on equity hold different tax treatment:
- If structured as options: Long-term capital gains (19-21% vs 37%)
- If structured as carried interest: Potentially 15% preferential rate
- EU tax treaties: Additional optimization if selling to international buyer
Cost: €2,000-5,000 in legal structure planning Timeline: Set up before first year of material income Benefit: Recover 15-20% of tax savings through exit structure
Strategic Alternative #3: LLC + Delaware Structure (US Founders)
If you’re a US founder, the classic “Delaware LLC + Spanish SL” structure can mitigate some Beckham loss:
Structure:
- Delaware LLC (US corporation, 0% corporate tax if no US-source income)
- Spanish SL subsidiary (manages Spanish operations)
- IP holding in Delaware, licensed to Spanish SL
Tax Result:
- Spanish operating company pays taxes at standard rates (37%)
- BUT minimizes Spanish-source income through licensing fees to Delaware
- Delaware company owns IP (appreciates tax-free)
- Exit through Delaware with long-term capital gains rates
Example:
- SaaS company, €500,000 revenue
- Without structure: €185,000 Spanish tax (37%)
- With Delaware structure: €85,000 Spanish tax + Delaware fees = €105,000 total (21% effective)
- Savings: €80,000 over 5 years
Catch: This requires legitimate business purpose. You can’t simply hide income. But it’s perfectly legal for SaaS/digital products.
Cost: €3,000-7,000 to set up; €500-1,000/year legal fees Timeline: 2-3 months to establish IRS Consideration: Consult US CPA—GILTI rules apply to US citizens
Strategic Alternative #4: Location Arbitrage (Move Out of Spain)
If you have full flexibility, you can move to a lower-tax jurisdiction:
Andorra (0-10% tax):
- Move before earning material income
- Pay 10% instead of 37%
- Savings: 27% of income
- Cost: Residency setup (€60,000 minimum investment required)
Portugal (NHR: 10% for non-habitual residents):
- Move to Portugal, claim NHR status
- 10% on some income types (capital gains often exempt)
- Savings: 27% of income
- Cost: Low (residency visa exists for various pathways)
Ireland (12.5% corporate, varied personal):
- Irish tax residency for company
- Lower rates than Spain
- Cost: Relocation + Irish tax complexity
Catch: You must genuinely move—tax authorities audit this. “Digital nomad” in Spain while claiming residency elsewhere = tax evasion.
Strategic Alternative #5: Delay Earnings (Buy Time)
If you have runway and can delay taking salary:
Strategy: Bootstrap 18-24 months without personal income
How it works:
- Take minimal salary (€15,000-20,000/year) to stay off-grid
- Reinvest all profits into business
- Live off savings, family, or other income sources
- After 2+ years, your “startup phase” narrative is stronger for certain reliefs
Reality check: This only works if you have capital. Most founders need income.
Tax benefit: Limited. You still can’t retroactively apply for Beckham.
Tax Planning: Real Numbers for €100K-€500K Income
Scenario 1: Startup Founder, €200,000 First-Year Revenue
Without Beckham (missed window):
- Income tax: €37,000 (37% marginal rate on €100k over first bracket)
- Social security: €3,000-4,000 (if salaried)
- Total tax burden: €40,000-44,000
- Net income: €156,000-160,000
With Beckham (if applied in window):
- Income tax: €24,000 (24% flat)
- Social security: €2,000-3,000
- Total tax burden: €26,000-27,000
- Net income: €173,000-174,000
Difference: €17,000 (10.4% more income with Beckham)
Scenario 2: SaaS Business, €500,000 Revenue (5-Year Trajectory)
With Delaware + Spanish SL structure (Alternative #3):
- Year 1: €200,000 revenue
- Year 2: €300,000 revenue
- Year 3-5: €500,000+ revenue
Without structure (missed Beckham):
- Total 5-year tax: €740,000 (37% average)
- Net to founder: €1,260,000
With Delaware optimization:
- Total 5-year tax: €430,000 (21% average through structure + exit planning)
- Net to founder: €1,570,000
Total savings over 5 years: €310,000
Decision Tree: What To Do If You Missed Beckham
Did you miss the 6-month window?
│
├─ YES, but still registered as Autónomo (self-employed)?
│ └─ Apply for self-employed Beckham (4-year window)
│ └─ Salvage: 24% on freelance income
│
├─ YES, and incorporated as SL (company)?
│ └─ Are you a US founder?
│ ├─ YES: Set up Delaware + SL structure (savings: 15-20%)
│ └─ NO:
│ ├─ Can you relocate? (Andorra/Portugal)
│ │ └─ Yes: Move strategy (savings: 25-30%)
│ ├─ Do you have exit plan (5-10 years)?
│ │ └─ Yes: Equity structure + capital gains planning (savings: 10-15%)
│ └─ Stay in Spain: Standard taxation (37% on salary)
│
└─ REALITY: You're paying 37% instead of 24% on earned income
└─ Next decision: How to optimize with alternatives above?
Checklist: Before You Pay Spanish Taxes
Before paying your first Spanish business tax return with standard rates, run through this:
- Confirm you truly missed Beckham window (verify empadronamiento date)
- Ask gestoría: “Am I eligible for autónomo Beckham if I restructure?”
- If US founder: Consult US CPA about Delaware structure legality
- If building to exit: Discuss equity structure with Spanish lawyer
- If considering relocation: Consult cross-border tax advisor on timing
- Review: Alternative tax regimes (capital gains, dividends) vs salary
- Plan: Multi-year tax strategy (not just this year)
Real Example: Carlos the Late Beckham Founder
Situation: Spanish founder, arrived Feb 1, 2025. Missed Beckham window (Aug 1, 2025).
His Evolution:
- Arrived Feb 1, 2025 → 6-month Beckham window: Feb 1 - Aug 1
- Aug 1, 2025 → Missed window (was still in build phase, zero revenue)
- Oct 2025 → First customers, ready to take salary
- Reality: Cannot apply for Beckham
- Decision: Consults gestoría, switches to autónomo structure, applies for self-employed Beckham
- Cost: €500 restructure
- Tax savings: 24% on €100,000 (autónomo income) = €24,000 vs €37,000 standard
- Benefit: €13,000/year in recovered savings (partial Beckham recovery)
Alternative: If Carlos had been in US and incorporated SL immediately, he could have used Delaware + SL structure to reduce effective rate to 25-28% through IP licensing.
The Harsh Truth
There’s no magic tax workaround for a missed Beckham window. You’ll pay higher taxes. But you can:
- Prevent future pain: Don’t miss Beckham for other tax residencies
- Optimize remaining levers: Delaware structure, equity planning, relocation
- Accept and plan: Budget for 37% on salary, plan business structure for exits
- Consult early: A €2,000 tax advisor consultation could save €50,000+ in lost optimization
The worst decision is inaction: paying Spanish taxes at standard rates without planning.
Next Steps
- Confirm your situation: Get written statement from gestoría on Beckham eligibility
- Explore alternatives: Which of the 5 strategies above applies to you?
- Plan 5-year taxes: Don’t optimize this year in isolation
- Set up properly: Delaware, autónomo restructure, or relocation decision now
Ready to model your specific scenario? Use our startup tax planner to calculate your exact situation.
Sources
- Spanish Ministry of Finance - Beckham Law Regulations (Ley de Fomento de la Contratación)
- AEAT (Spanish Tax Authority) - 2026 Income Tax Rates
- RentRemote - Beckham Law 2026 Update
- Illaya Legal - Late Beckham Applications
- Winheller - Cross-Border Tax Planning for Entrepreneurs
- Wise - Founder Tax Comparison Spain vs Alternatives
- Spanish Chamber of Commerce - Business Formation Requirements
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