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Immigration & Visas

Spain's Digital Nomad Visa Faces US Immigration Hurdles

Spain's new digital nomad visa is attracting remote workers, but US immigration rules are complicating the path for American applicants.

Image: Seasoned Expat

Spain's digital nomad visa launched in 2023 and has attracted thousands of remote workers, but the experience for Americans has been more complicated than the Spanish government anticipated. The friction isn't with Spain—it's with the US tax and immigration system, which treats location-independent work as a legal gray area that existing rules never contemplated.

Spain's visa itself is simple. You need proof of monthly income of at least €2,000 (roughly $2,150 at current rates), though some sources cite €2,300 for applicants with dependents. You apply through a Spanish consulate in your home country, not at the border. Processing typically takes four to eight weeks. Once approved, you get a one-year residence permit that allows you to live and work remotely in Spain without a Spanish work permit. The visa is renewable, and many holders have already extended into a second year. The Spanish government doesn't require you to prove that your income comes from outside Spain, only that you have it. For EU citizens and citizens of most countries, this is genuinely frictionless.

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US citizenship is permanent and portable—you owe US income tax on worldwide earnings no matter where you live or work. Spain's digital nomad visa alone doesn't establish Foreign Earned Income Exclusion eligibility.

For Americans, the complication starts before you even arrive. US citizenship is permanent and portable—you owe US income tax on worldwide earnings no matter where you live or work. If you're a US citizen or green card holder earning money while physically in Spain, that income is taxable to the US, period. This applies whether you're self-employed, working for a US company, or contracting with US clients. The Foreign Earned Income Exclusion (FEIE) can shelter up to $120,000 of foreign earned income from US federal tax in 2023 (adjusted annually for inflation), but you must qualify: you need either a tax home in a foreign country and physical presence outside the US for 330 days in a 12-month period, or bona fide residency in a foreign country for an uninterrupted tax year. Spain's digital nomad visa alone doesn't establish either. You could be on the visa for only six months and still owe US tax on all your income. The FEIE is powerful, but it requires planning.

Beyond income tax, US citizens abroad must file FBAR (Foreign Bank Account Report) if they have foreign financial accounts totaling more than $10,000 at any point in a calendar year. Spain is in the EU, and opening a Spanish bank account is routine—but that account triggers FBAR filing. The form is free and filed with FinCEN, not the IRS, but it's mandatory. Failure to file carries penalties starting at $10,000 per violation. You also file FATCA (Foreign Account Tax Compliance Act) forms if you have certain foreign financial assets. These are separate from your regular 1040 tax return. Many Americans working abroad don't know about FBAR until an accountant tells them, and by then they're years behind.

Your US employer may also have restrictions you haven't considered. Large US companies often have policies prohibiting employees from working outside the US without explicit written approval, even if the employee is salaried and working remotely. The policy exists partly for tax and compliance reasons, partly for data security, and partly because some employers haven't updated their rules for a distributed workforce. You need to ask your HR department directly: "Can I work from Spain for an extended period?" Get the answer in writing. If your employer says no, working from Spain anyway puts your job at risk and potentially violates your employment agreement. If your employer says yes, ask whether they'll handle any tax withholding adjustments or if you're responsible for all tax filings yourself. Some large employers have international payroll teams that can manage this; others will tell you it's your problem.

If you're self-employed or contracting with US clients, the employer-approval issue disappears, but the tax filing burden increases. You'll owe US self-employment tax (15.3% on net earnings) in addition to income tax, though the FEIE can reduce your income-tax liability. You'll also need to register with Spanish tax authorities as a non-resident earning Spanish-source income. Spain taxes non-residents on income derived from Spanish sources at a flat 24%, but if your income is from outside Spain (US clients, for example), you may not owe Spanish tax on it. This is where the rules get murky and where a cross-border tax professional becomes essential, not optional. The cost of a good accountant—typically $1,500 to $3,000 for a US expat's first year—is cheaper than an audit or penalty.

Green card holders face the same US tax obligations as citizens, with one additional wrinkle: if you spend more than 183 days outside the US in a calendar year, you may trigger "expatriate" status under US tax law, which can affect your tax filing requirements. The rule is complex and depends on your specific situation, but it's another reason to consult a tax professional before you go.

Non-US citizens have almost none of these complications. If you're a Canadian, British, German, or Australian citizen, Spain's digital nomad visa is a clean win. You register with Spanish tax authorities, pay Spanish taxes on Spanish-source income, and you're done. Your home country may tax you on worldwide income too, but most countries have tax treaties with Spain that prevent double taxation. The visa is designed for you.

The practical sequence for an American considering Spain's digital nomad visa is this: First, confirm with your employer (if you have one) that working from Spain is permitted. Second, consult a cross-border tax professional—not a general accountant, but someone who specializes in US expat taxation. Third, apply for the visa through your nearest Spanish consulate. Fourth, before you move, set up a system for FBAR and FATCA filing. Fifth, once in Spain, register with the Spanish tax authority (Agencia Tributaria) within 30 days of arrival. You don't need a Spanish work permit if you're remote, but you do need a tax registration number (NIF). Sixth, file your US taxes on time every year, even if you owe nothing after the FEIE.

The visa itself is real and works. The problem is that it exists in a gap between two tax systems, and Americans have to do the work to bridge that gap. For non-Americans, it's one of the easiest paths to a year in Spain.

Source: original report ↗

Frequently asked questions

Do I lose my US green card if I work remotely from Spain on the digital nomad visa?

No. A green card remains valid as long as you don't abandon it or spend more than two years outside the US without a re-entry permit. Working remotely from Spain doesn't trigger abandonment. However, spending more than 183 days outside the US in a calendar year can affect your tax filing status. Consult USCIS or a tax professional before leaving if you plan to stay longer than six months.

Can I use the Foreign Earned Income Exclusion if I'm on Spain's digital nomad visa for only six months?

Probably not. The FEIE requires either 330 days of physical presence outside the US in a 12-month period, or bona fide residency in a foreign country for a full tax year. Six months on a digital nomad visa doesn't meet either test. You'd owe US tax on all your income unless you qualify under a different rule. A tax professional can review your specific dates.

What happens if my US employer finds out I'm working from Spain without permission?

Your employer can terminate your employment for violating company policy. Remote-work policies are legally enforceable employment terms. Some employers are flexible; others are strict. The consequences range from a warning to immediate termination. Always get written approval before working from abroad, even if you think your employer won't care.

Do I have to file FBAR if I open a Spanish bank account?

Yes, if the account balance exceeds $10,000 at any point during the calendar year. FBAR is filed annually with FinCEN by April 15 (with automatic extension to October 15). It's separate from your tax return. Failure to file carries penalties of $10,000 or more per violation. Many expats miss this requirement, so set a calendar reminder.

How much does it cost to hire a cross-border tax professional for the first year?

Typically $1,500 to $3,000 for a US expat's initial year, depending on the complexity of your income and assets. Some charge hourly rates ($150–$300/hour); others charge flat fees. The cost is deductible as a business expense if you're self-employed. It's an investment that usually pays for itself by preventing penalties or missed deductions.

Can I work for a non-US company while on Spain's digital nomad visa without any tax complications?

If you're not a US citizen or green card holder, yes. If you are, you still owe US tax on worldwide income, but working for a non-US company doesn't create additional complications beyond standard expat tax filing. You'll register with Spanish tax authorities and file US taxes as usual. The income source doesn't change your US tax obligation.

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