When a person changes their tax residence to another country, Spain may lose the right to tax future gains. To avoid this, the law requires taxation at the moment of leaving, as if the assets were sold at market value on that date.
The purpose is to make sure that capital gains built while the person lived in Spain are still taxed, even if they move abroad.
The exit tax is regulated by Article 95 bis of the Personal Income Tax Law (IRPF), introduced in 2015 by Law 26/2014.
This tax only affects a limited group of high-net-worth individuals. Two conditions must be met:
Condition 1: Residency duration:
You must have been a tax resident in Spain for at least ten out of the last fifteen years.
If you used the special tax regime for inbound workers (Beckham Regime), the ten-year period starts after you stop using that regime.
Condition 2: Asset thresholds:
If the total market value of your shares or holdings is more than €4,000,000
OR
If you own more than 25% of a company and the value of that participation is more than €1,000,000
When you lose Spanish tax residency, you may be taxed on unrealised gains from shares in companies or investment funds. This applies no matter where the investments are located.
First, you check if the thresholds are met. Then, you calculate the market value of your assets just before leaving Spain.
The unrealised gain is the difference between this market value and the original purchase price.
This gain is included in the savings income category and taxed at rates between 19% and 30%.
The full progressive scale for the savings base (which is where exit tax gains land) now looks like this:
Net gain (€) | Rate |
0 – 6.000 | 19% |
6.001 – 50.000 | 21% |
50.001 – 200.000 | 23% |
200.001 – 300.000 | 27% |
Over 300.000 | 30% |
The tax must be declared in your final income tax return before you stop being a Spanish tax resident.
This is a key part of the rules:
Moving outside the EU/EEA → pay immediately.
If you move to a country outside the EU or EEA, the tax must be paid right away.
Moving to an EU/EEA country → deferral is possible.
If you move to an EU or EEA country with proper tax information exchange, payment can be delayed.
You will only need to pay if, within ten years:
you move again to a non-EU/EEA country
you sell the shares
or you do not follow reporting requirements
This rule applies when moving to low-tax countries.
If you move to a tax haven or non-cooperative jurisdiction, Spain may still treat you as a tax resident for the year you leave plus four more years.
This means you could still be taxed in Spain on worldwide income for up to five years after leaving.
Companies follow different rules.
According to Article 19.1 of the Corporate Income Tax Law, companies must include in their taxable income the difference between the book value and tax value of their assets when they move abroad.
Some exceptions exist, especially for financing-related assets that may return to Spain.
For transfers within the EU/EEA, payment can be spread over five years.
A common mistake is thinking that moving shares into a foreign holding company avoids exit tax.
In reality, you still own shares, just in another company so the tax still applies under Article 95 bis.
EU structures may help delay payment, but they do not eliminate the tax.
Modelo 030: Inform the tax authorities (AEAT) that you are no longer a tax resident
Final IRPF return (Modelo 100): Declare exit tax in your last tax return (deadline June 30, 2026)
Deferral request: If moving to the EU/EEA, request deferral and report asset values and details
Annual reporting: If tax is deferred, you must report every year; otherwise, the full tax becomes payable immediately
The exit tax in Spain is focused on wealthy individuals, but the amounts can be significant.
For people who built wealth while living in Spain, moving first to an EU/EEA country is a legal way to delay payment instead of paying immediately.
Get a free initial consultation to understand how Spain’s exit tax may affect your situation.
