Can I work remotely in Spain for over 6 months as a salaried American W2 employee without informing my employer of my location, and plan to apply for citizenship?
Posted by vrblexprssn1@reddit | expats | View on Reddit | 26 comments
I'm a U.S. citizen working remotely on a W2 (not 1099), and I want to live in Spain for over two years. I qualify for Spain’s two-year residency requirement for citizenship for Latinos, so my goal is to eventually apply for Spanish citizenship after meeting this residency period.
I’ve worked remotely from different countries before without any issues, but I’ve never stayed over six months or had intentions to become a citizen. This makes it a bit tricky, especially when it comes to tax obligations.
Since I’ll likely become a Spanish tax resident after six months, I know I’ll need to pay taxes to Spain and hope to use the U.S.-Spain tax treaty to avoid double taxation. My main concern is how to manage this tax situation discreetly without involving my U.S. employer or raising any red flags. I’d prefer to avoid disclosing my location to them if possible. I have a travel router so my location leak via IP address isn't a concern.
Does anyone have advice on navigating this type of arrangement, particularly when it comes to handling taxes and residency obligations in Spain while keeping my employer out of the loop?
Medium_Quiet3502@reddit
Fairly certain the digital nomad visa in Spain requires your employer to sign stuff.
Four_beastlings@reddit
I think he's getting somehow mixed up with the fast track citizenship for Latin Americans. Not Latinos. If you're an American you're an American and don't qualify for special privileges reserved from Latin Americans.
im-here-for-tacos@reddit
Requires Americans to be 1099 contractual employees too.
traumalt@reddit
1099 employee is also an oxymoron, there is no such thing.
im-here-for-tacos@reddit
That's a bit pedantic when it's pretty obvious what I'm talking about.
verticalgiraffe@reddit
I was wondering about that as well. Even something like getting an NIE number or finding an apartment to rent would be very difficult without proper employment. I had difficulties with these things when I moved to Spain and I already had a visa and job!
Champsterdam@reddit
Just have to reiterate what a terrible idea this is. You’re trying to gain citizenship in a country by doing something explicitly illegal as others keep saying.
vrblexprssn1@reddit (OP)
After reading all of the comments, including yours, I've come to the conclusion that I'll have to find another way. Appreciate your input.
wandering_engineer@reddit
Wow this is like the 10th time I've had to tell someone this on Reddit today. No you cannot legally do this.
Reasons why:
- You are committing tax fraud by not declaring the income you're earning to the Spanish.
- Your US employer is creating permanent establishment risk by you being in Spain, this means they are potentially on the hook for paying corporate taxes to the Spanish government and must abide by Spanish labor laws. This is a massive headache and creates legal risk, large companies do not like being at risk or dealing with headaches.
- Depending on your line of work, this could be a major regulatory issue. If it's anything related to healthcare, finance, HR, law, pretty much anything USG-related, etc it's almost definitely a way to get in trouble. Even if not illegal, you could still get flagged pretty quickly by their cybersecurity people. Hiding your VPN is still effectively lying to them.
- I don't know the terms of your Spanish residency permit, but "right to reside" is NOT the same as "right to work". Many residency permits do not allow you to legally work.
thebrackenrecord912@reddit
If I could give you an award I would. I tried telling people this two years ago and got downvoted into oblivion. There really are a bunch of people just out there living a “digital nomad life” on tourist or other non-work visas too and almost all of them get fired eventually.
wandering_engineer@reddit
Thank you. I am not telling people "no", I'm just trying to be realistic and outlay the risks. If you're willing to take them, then by all means.
Believe me, I'd kill to be able to take my job and WFH from some LCOL European country, if I had a right to residency. But I know it's not likely to happen and am planning accordingly.
vrblexprssn1@reddit (OP)
I would like to pay my taxes in Spain and/or US. just want to clarify that I am not trying to avoid that. Just trying to independently work through this without the employer being notified. It doesn't seem possible though. Your points are valid. Thanks
Philip3197@reddit
Which visa will you use to immigrate to Spain? Does it give you the right to work in Spain?
Within 3 months after moving, you need to register in Spain.
Moving to a different country is often similar to moving to a different US state; your employer needs to comply with legislation local to the country where the employee lives: employment laws and regulations, taxes, contributions, reporting and administation; typically this is done through a local subsidiary or an EoR. You can also become self employed contracor autonomo.
your employer and your contribution to social security will give you access to health care.
vrblexprssn1@reddit (OP)
I was looking at the digital nomad visa. I read online that a 1099 would qualify and salaried employees (the latter could possibly be Internet disinformation). I am a salaried employee so trying to receive clarification if that's even possible or it's only for 1099
im-here-for-tacos@reddit
Salaried employees from the US wouldn't qualify, from what I understand. This is largely due to the SSA program not being compatible with the process required by the Spanish government; however, for some other countries (Mexico, Argentina, etc.), they can work as salaried employees.
vrblexprssn1@reddit (OP)
thank you
Philip3197@reddit
Indeed that would be the self employed contracor autonomo route.
DNV with W2 employee is not possible.
vrblexprssn1@reddit (OP)
Gotcha. Thank you for clearing that up.
verticalgiraffe@reddit
Probably not the best idea to lie to your employer that you are working in another country.
vrblexprssn1@reddit (OP)
True but I currently do it with a travel router. I've worked across latin America with no problems. Currently in Colombia until April. it's been working flawlessly since 2020. My IP address is always the United States. Never stood anywhere for more than 6 months for obvious tax implications. I would like to stay in Spain longer than 6 months and pay my taxes. Unfortunately lieing to my employer in this situation may catch up to me..thanks for your input..
elijha@reddit
This is a really excellent way to get fired and good luck sorting out the rat’s nest of a tax situation where you’re withholding in the US but not in Spain and liable in Spain but not the US. Overall, very bad plan.
vrblexprssn1@reddit (OP)
Thanks for your input. I would like to pay taxes, I hope I didn't come across in that manner. If that's to the US or Spain, definitely not trying to avoid that. I am just trying to see what my options were and the best way to navigate it. I appreciate your honesty..
Greeklighting@reddit
Use a travel router
John198777@reddit
It would be very difficult. People often try to do this where I live (France) but it's not possible because what do you declare your income as? Employment income? In which case, where is the employer's declaration and where are all the payroll taxes? It is like fitting a round peg into a square hole.
ughusernames8@reddit
This is a very bad idea
Glass_Confusion448@reddit
If your visa allows that type of employment and income.