Can you work remotely from another country for your Spanish company?
Thousands of people and companies ask this every month, and almost nobody gives a clear answer, because it depends on three separate sets of rules that nobody puts together for you: Social Security, tax residence and work permits. This test gives you the traffic light for your case.
What is your situation?
For how long, continuously, will the work be done from outside Spain?
To which country?
Does the company know, and does it agree?
Will more than half the year (more than 183 days) be spent in that country?
What work will be done from there?
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This test is general guidance, not an opinion on your specific case. The rules mentioned (the EU social security coordination regulations, the 183-day rule, double taxation treaties) have exceptions that only come to light when the case is studied.
Why nobody gives you a clear answer
Because it is not one question, it is three. Employment and Social Security are handled by an employment law adviser, tax by a tax adviser, and the visa by an immigration lawyer, and each of them answers only their own part. At LEX INTERNATIONAL we bring the three answers together in a single report, with the specific steps for your case: what to file, by when and what not to do.
Frequently asked questions
Can I work remotely from another country for my Spanish company?
Yes, but it is not automatic: you need your company's agreement and three issues have to be resolved. They are Social Security (in the EU, with the A1 certificate or the framework agreement on telework), tax residence (the 183-day rule and the centre of vital interests) and, outside the EU, the destination country's permit or visa. Each country and each length of stay changes the answer.
How many days can I work from abroad without changing my tax residence?
The general reference is 183 days within the calendar year. But it is not the only criterion: a permanent home, family and the centre of economic interests also count, and double taxation treaties settle the tie-breaks. Staying just under 183 days guarantees nothing on its own.
What is the A1 certificate and when is it needed?
It is the certificate showing that you are still paying into Spanish Social Security while you work temporarily in another EU or EEA country or in Switzerland; the company applies for it before the posting. Since 2023 there has also been a specific framework agreement for people who habitually work remotely from another country, with its own limits.
What are the risks for the company?
There are three main ones: the destination country may require contributions to be paid there, the employee may create a “permanent establishment” of the company in that country if they negotiate or sign contracts from there (the company would then pay tax in that country), and local employment rules may apply. That is why it is best to sort it out beforehand, not afterwards.
Do I need a visa to work remotely from outside the EU?
Almost always: working on a tourist visa is irregular in most countries, even if the employer is in Spain. Many countries offer digital nomad visas with minimum income requirements. Within the EU, the EEA and Switzerland you do not need a permit.