How to ask your employer to let you work from Spain

Terms used

• AEAT — The AEAT is Spain's tax authority.
• IRPF — The IRPF is Spain's personal income tax, withheld from salary by the employer.
• Modelo 111 — The Modelo 111 is the quarterly return an employer files for income tax withheld from pay.
• Modelo 190 — The Modelo 190 is the annual summary of income tax withheld from pay.

Key rules

• Permanent establishment: Working from home for your own convenience does not normally create a taxable presence for your employer.
• Treaty: Check the tax treaty between Spain and your employer's country before you write.
• EU social security: Within the EU, one country's social security applies, shown by an A1 certificate.
• Trial: Offer a trial period with agreed core hours to make a yes easy.

Lead with the worries, not the wish

Your employer will probably say yes more easily if your request already answers their concerns. They usually worry about four things: tax, legal and social security, security, and time zones. Cover all four in one short, calm message. The email template and checklist below help you put it together.

Tax: will your home create a taxable presence?

The employer's main fear is a permanent establishment. That is a taxable business presence in Spain. A home office creates one only in two cases. Either it is a fixed place at the employer's disposal, or you habitually conclude contracts for the employer.

Spanish law follows the international standard on this. That standard says a home office is normally not at the employer's disposal when you work from home for your own convenience. Risk is higher if the employer requires you to work from your home and your work is core to the business. So say clearly that the move is your choice, and that you do not sign contracts on the company's behalf (if that is true).

Spain has more than 90 double tax treaties, and they generally follow the same standard. Look up the treaty between Spain and your employer's country and mention what it says. The tax authority (AEAT) decides cases one by one, so do not promise the employer a guaranteed outcome. Suggest they confirm with their tax adviser.

Payroll: Spanish income tax withholding

Your employer may fear having to run Spanish payroll. Explain that income tax (IRPF) withholding in Spain works through the employer's registration with the AEAT. The employer files withholding returns (Modelo 111 quarterly and Modelo 190 annually). Their tax adviser can tell them whether this applies to your case.

If they do not want this burden at all, you can suggest an employer of record. This is a company with a Spanish entity that becomes your legal employer. It signs a Spanish contract with you, runs payroll, withholds IRPF and pays social security. Your employer keeps directing your daily work and pays the EOR a fee plus your employment cost. Spanish rules then apply to you, including 14 payments a year and 30 days of holiday. Offer this as a fallback, not your first ask.

Legal and social security

If you are moving within the EU, only one country's social security applies, and an A1 certificate shows which. Ask your employer to request it so they stay in their current system. If you are not moving within the EU, tell the employer you will check your visa route. Spain has a digital nomad visa for non-EU remote workers.

Spain also has clear remote-work rules in its own law. These matter mostly if you become employed in Spain, for example through an employer of record.

Security and equipment

Offer to use the company VPN, a managed device and multi-factor login. Say you will work only from a private space at home, not from public Wi-Fi. This usually settles IT concerns.

Time zones

Spain is on UTC+1 in winter and UTC+2 in summer. That overlaps well with Europe and works for the US East Coast in the mornings. Propose agreed core hours that fit your team, and state them in the request.

Offer a trial

Suggest a fixed trial period, then a review. A trial makes the decision small and reversible. Also say you will cover extra costs, such as any adviser fees, if you are willing. If the answer is still no, see the section on what to do next below.

Before you send

Name your start date and how long you plan to stay. Say who you have spoken to in advance, and offer a short call to talk it through.

Checklist

• Explain that a home office used for your convenience is normally not at the employer's disposal, so it does not by itself create a permanent establishment in Spain.

• Tell the employer that Spain has more than 90 double tax treaties that generally follow the international standard on permanent establishments.

• Describe how income tax withholding works in Spain, using the employer's registration with the Spanish tax agency and the quarterly and annual withholding returns.

• Propose agreed core hours that fit the team's time zone, since Spain is on UTC+1 in winter and UTC+2 in summer.

• Suggest a trial period so the employer can test the arrangement.

• Offer an employer of record as an option if your employer has no Spanish entity, and explain that it becomes your legal employer under a Spanish contract.

• If you come from outside the EU, mention the Digital Nomad visa as a legal route for remote workers.

What if your employer says no to working from Spain?

A "no" is rarely the end. You have five realistic moves, and one path to avoid.

Start by negotiating

Ask for a smaller version of what you wanted. Employers often accept:

• A time-limited stay, from a few weeks to a few months, with a fixed end date and usually under 183 days.
• A trial period of remote work from Spain.
• Limits on the work, such as no client-facing or regulated tasks.

Expect conditions: time zone overlap, security rules, and you covering any extra cost. Senior staff and hard-to-replace roles have the most room to bargain.

Ask about an employer of record

An employer of record is a company with a Spanish entity that becomes your legal employer. You get a Spanish contract, payroll, tax withholding and social security. Your company still directs your daily work and pays the employer of record a fee on top of your employment cost.

This costs your employer more, so you may need to make the case. If your company has a Spanish group entity, moving your contract there can do the same job.

Think hard before becoming a contractor

Some employers will keep you on only as a freelancer. You would have to register as self-employed in Spain, invoice your client and file your own tax returns. You would also lose employment protections. If the arrangement looks like a regular job in practice, it can be reclassified as employment. Only take this route if the role genuinely suits it.

Change jobs

If the employer will not move, look for one that allows work from Spain or hires there. This is often the cleanest route, especially if you need a visa. Non-EU nationals usually need the employer to accept remote work from Spain for the digital nomad visa, so a refusal can block that route.

Stay where you are

Postponing is a valid choice. You can keep the job, rebuild your case with a track record, and ask again later. You can also use the time to prepare a move that does not depend on this employer.

What not to do

Do not work from Spain without your employer's agreement. It is the riskiest path. It can cost you your job, and it can create tax and social security problems for both you and the company.

Email template to ask for remote work from Spain

Send this to your manager and copy HR or payroll. Approval from your manager alone is not enough, because payroll and HR must handle the tax and insurance side.

Fill in these blanks first

Replace each item in [square brackets] before you send.

• Work situation: choose one: "employee on a permanent contract", "employee on a fixed-term contract" or "contractor".
• Employer arrangement: choose one: "paid through our home-country payroll", "paid through an employer of record" or "paid by a Spanish company in the group".
• Origin jurisdiction: the country your employer is based in, and your nationality.
• Main basis: choose the line that fits.
  • Employer in the EU, EEA or Switzerland: "EU social security rules allow home-country cover with an A1 certificate".
  • Employer elsewhere: "social security depends on whether a treaty exists between [employer's country] and Spain; otherwise I would be affiliated to the Seguridad Social in Spain".

The message

Subject: Request for written approval to work remotely from Spain, [start date] to [end date or "open-ended"]

Hello [manager's name],

I would like to ask for approval to work remotely from Spain. Here are the details.

What I am asking for

• Location: [city], [region], Spain.
• Dates: from [start date] to [end date, or "no fixed end date"].
• My situation: I am a [work situation], paid through [employer arrangement], and I am a [nationality] citizen. The company is based in [origin jurisdiction].

Why it works for the business

• My role and duties stay the same: [one line on your role].
• I will not sign contracts or negotiate deals for the company in Spain, and I will not meet clients there on its behalf. [Delete if untrue and explain instead.]
• My working hours will overlap with the team's: [time zone and hours].
• I will keep to our usual availability and deadlines.

What I will handle

• I will arrange my own health cover in Spain unless the company already provides it.
• I will complete any forms and give any documents that HR, payroll or tax advisers ask for.

Why I am asking for this in writing Working from Spain affects income tax, social security and the company's own tax position. The main basis is that [main basis]. I want to avoid problems for both of us, so I would like HR or payroll to confirm the points below.

Please confirm in writing:

1. Do you approve the dates and location above?
2. Who will run my payroll while I am in Spain (current payroll, an employer of record or a Spanish entity)?
3. Who will withhold and pay my income tax, and do I need to file a Spanish annual income tax return (IRPF) myself?
4. Which country's social security will cover me? If home-country cover continues, will the company request an A1 certificate or the equivalent treaty certificate before I start? If not, who registers me with the Seguridad Social in Spain?
5. Does the company accept any tax risk from having an employee working in Spain, and has it checked this?
6. Does my contract, pay or benefits need to change, and what will the changes be?
7. Does my work or health insurance continue to cover me in Spain?
8. Which documents do you need from me, and by when?

Could HR or payroll reply by [date, about two weeks from sending]? I will not start working from Spain until I have your written approval.

Thank you, [Your name]

Before you send

• Delete any line that does not apply to you, and check that no blank is left.
• Keep the reply. If the answer is "yes, but" with conditions, ask for those conditions in writing too.
• If HR cannot answer questions 3 to 5, ask who can. These are the answers you will need later for your tax and social security registration in Spain.

Frequently asked questions

What can I offer if my employer worries about time zones?

You can point out that Spain is on Central European time (UTC+1 in winter, UTC+2 in summer), which overlaps well with Europe and works for US East Coast mornings. Offer agreed core hours and a trial period so the employer can test the arrangement.

What if my employer does not want to deal with Spanish payroll and tax?

You can suggest an employer of record, a company with a Spanish entity that becomes your legal employer. It signs a Spanish contract with you, runs payroll, withholds income tax and pays social security contributions.

Which security measures can I offer for working from Spain?

You can offer the company VPN, a company-managed device and multi-factor login. You can also offer to cover extra costs yourself, which answers the worry about equipment control and the cost of administration.