Moving to Spain from the USA: Legal Guide for American Expats 2026

Can Americans Live in Spain?

Yes — but for stays longer than 90 days in any 180-day period, Americans need a Spanish long-term residence visa. The Schengen Area's 90/180 rule applies to Americans as to all non-EU visitors.

Your main options:

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The Most Common Path: Non-Lucrative Visa

For retirees and Americans with passive income (Social Security, 401k withdrawals, dividends, rental income), the Non-Lucrative Residence Visa (Visado No Lucrativo) is the standard route.

Requirements

• Income: ~€2,400/month (400% of Spain's IPREM indicator)
• Health insurance: Private policy covering all of Spain, no co-payments
• Criminal background check: FBI Identity History Summary, apostilled
• Medical certificate: signed by a US licensed physician

Application Process

1. Schedule an appointment at the Spanish Consulate in your US jurisdiction (Los Angeles, New York, Miami, Chicago, Houston, San Francisco, or Washington DC)
2. Submit documents in person
3. Wait 1-3 months for processing
4. Receive 1-year national visa — enter Spain and register

The Spanish consulates in the US are notoriously backlogged. Los Angeles and New York can have wait times of 3-6 months for appointments. Apply early.

After Arriving in Spain

Within 30 days of arrival:

• Empadronamiento: register at your local Ayuntamiento (city hall)
• NIE: obtain your Número de Identidad de Extranjero
• TIE card: apply in person for the foreign resident identity card (Tarjeta de Identidad de Extranjero) within one month of entering Spain (art. 63.5 of Royal Decree 1155/2024)

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The Digital Nomad Visa for American Remote Workers

If you work remotely for US clients or a US company, the Spain Digital Nomad Visa (under the 2022 Startups Law) allows you to live and work legally in Spain.

Key requirements

• Non-Spanish employer or clients
• An employment or professional relationship covering at least the last 3 months, with a company that has been in real and continuous business for at least one year (art. 74 ter of Law 14/2013)
• Sufficient financial resources (art. 62.3.f of Law 14/2013); the thresholds are referenced to the minimum interprofessional salary (additional provision 20.3)
• Freelancers only: work for companies located in Spain may not exceed 20% of your total professional activity; employees may only work for companies outside Spain (art. 74 bis of Law 14/2013)
• Health insurance and a clean criminal record (the rule about not having lived in Spain in the previous five years is a Beckham Law condition, not a visa requirement)

Tax advantage: Beckham Law

American employees on the Digital Nomad Visa who become Spanish tax residents, and who were not resident in Spain in the previous five tax years, can opt for the Régimen Especial de Impatriados (Beckham Law, art. 93 of the Personal Income Tax Law):

• 24% flat rate up to €600,000; under this regime all your employment income is treated as Spanish-source (art. 93.2.b)
• Other foreign-source income (such as dividends or interest from abroad) is generally not taxed in Spain

You must elect this within 6 months of the start date of the activity shown in your Spanish Social Security registration, or in the document that keeps you under your home-country Social Security (Form 149; art. 116 of the Personal Income Tax Regulations).

For Americans: The Beckham Law reduces Spanish taxes, but you still owe US taxes on your worldwide income. The Foreign Tax Credit (Form 1116) can offset Spanish taxes paid against US liability. The interaction between US citizenship-based taxation and Spanish taxation requires advice from a dual-qualified tax advisor (US + Spain).

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US Tax Obligations as an American in Spain

This is the most complex aspect of being an American abroad.

You always file US taxes

The US taxes citizens on worldwide income, regardless of where they live. Living in Spain does not exempt you from US tax filings.

Tools to reduce double taxation

FBAR and FATCA: critical reporting requirements

FBAR (FinCEN Form 114):

• Required if you hold foreign accounts totaling $10,000+ at any point during the year
• Deadline: April 15 (auto-extended to October 15)
• Penalties for willful failure: up to $10,000 per violation or 50% of account balance

FATCA Form 8938:

• Required if foreign financial assets exceed $200,000 (living abroad threshold)
• Attached to your annual Form 1040

Every American expat in Spain with a Spanish bank account needs to file FBAR. Non-compliance is common (and costly). Use a US tax professional specializing in expat taxation.

State taxes

Some US states (California, Virginia, South Carolina, New Mexico) may continue to tax your income even after you move abroad, depending on ties to the state. Properly severing domicile before leaving is important.

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Social Security: US-Spain Totalization Agreement

The US and Spain have a Social Security Totalization Agreement, which:

• Prevents dual Social Security contributions on the same income
• Allows you to combine work periods in both countries to qualify for benefits
• Generally, you pay Social Security in the country where you work (Spain, if employed there)

US Social Security retirement benefits can be received while living in Spain with no reduction (Spain is not on the SSA's restricted countries list).

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Healthcare for Americans in Spain

Health insurance (required)

For the Non-Lucrative and Digital Nomad visas, you need health insurance (art. 61.2.b of Royal Decree 1155/2024; for the Digital Nomad Visa, public cover or a private policy with an insurer authorised to operate in Spain — art. 62.3.e of Law 14/2013). Popular private options for Americans:

• Sanitas (Bupa subsidiary) — good English-speaking network
• Adeslas — extensive hospital network
• AXA Spain — familiarity for those with AXA in the US
• Cigna Global — international coverage, recognized by US consulates

Expect to pay €80-200/month for a solo adult, depending on age and coverage level.

Accessing public healthcare

If you register as an autónomo (self-employed) and pay monthly Seguridad Social contributions (~€300+/month), you gain full access to the public healthcare system (Servicio Canario de la Salud on the Canary Islands). Many digital nomads do this deliberately.

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Banking in Spain as an American

Getting a Spanish bank account as a US citizen has become more difficult since FATCA. Some Spanish banks are reluctant to open accounts for Americans due to FATCA compliance costs.

Banks that generally accept Americans:

• N26 (digital bank)
• Wise (not a full bank, but works for many purposes)
• Some local Caixabank or Bankinter branches with the right paperwork

You will need: NIE, passport, empadronamiento, proof of US tax compliance (W-9 form or equivalent).

Many American expats initially use a combination of Wise + their US bank for the first few months until they establish Spanish residency.

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The Canary Islands for American Expats

The Canary Islands (Las Palmas de Gran Canaria, Tenerife, Lanzarote, Fuerteventura) are particularly popular with American digital nomads and retirees for several reasons:

• UTC+0 time zone in winter — manageable overlap with US Eastern time (5 hours)
• Year-round climate (18-27°C)
• IGIC 7% instead of mainland Spain's 21% VAT
• Lower cost of living than mainland Spain or the US (rent €800-1,400/month for a comfortable apartment in Las Palmas)
• English widely spoken in expat communities
• Direct flights to Madrid (2h) and connecting onward to the US
• ZEC: a company registered in the Canary Islands Special Zone pays a 4% corporate tax rate on a capped part of its tax base, provided it meets the minimum job-creation and investment requirements (5 jobs and €100,000 in Gran Canaria or Tenerife; 3 jobs and €50,000 on the other five islands — arts. 31, 43 and 44 of Law 19/1994). Under the current rules, new registrations can be authorised until 31 December 2026, unless that date is extended

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ALY Abogados — Legal Support for Americans in Spain

We help American expats navigate the Spanish legal system:

• Visa eligibility assessment (Non-Lucrative, Digital Nomad) and renewals for existing Golden Visa holders
• NIE number and empadronamiento assistance
• Beckham Law election (Form 149) within the critical 6-month window
• Coordination with US-qualified tax advisors for FBAR/FATCA compliance
• Property purchase and due diligence
• Residency permit renewals
• Family inclusion and dependent applications

Call +34 633 572 607 or email alyabogados@lazaroamable.com. Your first consultation fee is deducted from our fees if you instruct us.

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Lázaro Héctor Amable Méndez — Lawyer, Bar No. 5.231 ICALPA