Buying Property

Spain Residency Options for US Citizens: What Replaced the Golden Visa

american buyer considering residency in spain — paton & mayr real estate lawyers

Spain's Golden Visa program ended in April 2025. For US citizens who had been considering the Golden Visa as a route to Spanish residency through property investment, the question now is: what are the alternatives?

The good news is that Spain offers several residency pathways that remain open to Americans — each with different requirements, income thresholds, and implications for your US tax obligations. This guide covers the main options available in 2026 and what you need to know before applying.

The Non-Lucrative Visa — Spain's Most Popular Residency Option for Americans

The Non-Lucrative Visa (Visado de Residencia No Lucrativa) is the most common route to Spanish residency for US citizens who want to live in Spain without working for a Spanish employer. It is designed for people who can demonstrate sufficient passive income or savings to support themselves without working in Spain.

Key requirements:
— Minimum monthly income of approximately €2,400 for the main applicant, plus €600 per additional family member
— Private health insurance valid in Spain
— Clean criminal record (FBI background check apostilled)
— No right to work for a Spanish company (remote work for non-Spanish employers is permitted in a grey area
— seek legal advice)

The visa is initially granted for one year and can be renewed for two-year periods. After five years of legal residency you can apply for long-term residency, and after ten years for Spanish citizenship.

US tax implication: If you spend more than 183 days per year in Spain, you become a Spanish tax resident. Combined with the US system of taxing citizens on worldwide income regardless of where they live, this triggers dual reporting obligations. The US-Spain Tax Treaty prevents most double taxation, but the interaction is complex and requires specialist advice.

The Spain Retirement Visa

Spain does not have a visa specifically called a "retirement visa" — but the Non-Lucrative Visa functions as one for retired Americans. If your income comes from Social Security, a pension, investment portfolios, or rental income rather than active employment, the Non-Lucrative Visa is your route.

The key distinction for retirees: passive income counts toward the minimum income requirement. A combined Social Security payment and investment income that meets the €2,400/month threshold qualifies.

For retired US citizens specifically:
— Social Security income received in Spain is generally taxable only in the US under the US-Spain Tax Treaty (Article 20), not in Spain
— a significant advantage
— IRA and 401(k) distributions may be taxable in both countries depending on the structure
— Medicare does not cover you in Spain — private health insurance is required both for the visa and for practical healthcare access

Spain is consistently ranked among the top retirement destinations for Americans. Barcelona, Valencia, Málaga and Alicante lead in terms of international retiree communities.

The Spain Digital Nomad Visa

Launched in 2023, the Digital Nomad Visa (Visado para Teletrabajadores de Carácter Internacional) is Spain's route for remote workers who earn income from clients or employers outside Spain. It is particularly relevant for US citizens who work remotely for American companies or have freelance income from US clients.

Key requirements:
— Minimum monthly income of approximately €2,646 (equivalent to 200% of Spain's minimum wage)
— At least one year of professional relationship with your current employer or clients
— Proof that no more than 20% of your income comes from Spanish sources
— Private health insurance valid in Spain
— Clean criminal record

The key tax advantage: Digital Nomad Visa holders can opt into Spain's Beckham Law (Régimen Especial de Trabajadores Desplazados), which taxes Spanish-source income at a flat rate of 24% for up to six years, rather than progressive Spanish income tax rates that can reach 47%.

US tax implication: The Beckham Law does not exempt you from US tax obligations. As a US citizen you continue to file with the IRS on worldwide income. The US-Spain Tax Treaty and Foreign Tax Credit (Form 1116) help mitigate double taxation, but the interaction requires specialist advice — particularly around self-employment tax, which the treaty does not cover.

US Tax Implications of Spanish Residency — What Americans Need to Know Before Applying

Becoming a Spanish resident as a US citizen does not reduce your US tax obligations — it adds Spanish ones. Understanding the interaction between both systems before you apply is essential.

The key principles:
— The US taxes citizens on worldwide income regardless of where they live or pay taxes abroad. Spanish residency does not change this.

— If you spend more than 183 days in Spain in a calendar year, you become a Spanish tax resident and are liable for Spanish income tax on your worldwide income.

— The US-Spain Tax Treaty (signed 1990, updated 2013) prevents most double taxation through tax credits and specific carve-outs for pension income and government employment.

— FBAR (FinCEN 114): If your Spanish bank account exceeds $10,000 at any point during the year, you must file an FBAR. Penalties for non-compliance are severe

— up to $10,000 per violation for non-willful failures.

— FATCA (Form 8938): If you hold financial assets in Spain above the reporting thresholds ($200,000 for single filers living abroad), you must report them on Form 8938.

— Foreign Earned Income Exclusion (Form 2555): US citizens living abroad may exclude up to $126,500 (2024 limit) of foreign earned income. However, this applies to earned income only

— passive income from investments or pensions is not excluded.

The bottom line: Spanish residency for US citizens is entirely achievable and often financially advantageous — but it requires coordinated legal and tax advice on both sides of the Atlantic before you commit.

How Paton & Mayr Can Help US Citizens Relocate to Spain

At Paton & Mayr, we advise US citizens on the legal and fiscal implications of acquiring property and establishing residency in Spain. We do not process visa applications — but we provide the legal and tax foundation that makes the residency process work correctly from day one.

What we advise on:

— The right ownership structure for your Spanish property in light of your chosen residency route
— Spanish property taxes for non-residents transitioning to resident status
— FBAR and FATCA obligations for US citizens with Spanish bank accounts and assets
— The US-Spain Tax Treaty implications for your specific income sources
— Coordination with your US tax advisor to ensure both sides of the Atlantic are aligned

Our practice is exclusively focused on real estate law and property taxation for international buyers in Spain. We have advised US clients on cross-border property and residency matters for over 20 years from our offices in Barcelona and Madrid.

Frequently Asked Questions

Can a US citizen get residency in Spain?

Yes. US citizens can obtain Spanish residency through several routes — the Non-Lucrative Visa, the Digital Nomad Visa, or family reunification among others. The right route depends on your income source, employment situation, and long-term plans.

What replaced the Spain Golden Visa for Americans?

The Golden Visa ended in April 2025. The main alternatives for US citizens are the Non-Lucrative Visa (for those with passive income or savings), the Digital Nomad Visa (for remote workers), and the standard long-term residency permit for those who have already been living in Spain legally.

How much money do I need to get residency in Spain as an American?

For the Non-Lucrative Visa, approximately €2,400 per month for the main applicant plus €600 per additional family member. For the Digital Nomad Visa, approximately €2,646 per month. These figures are updated periodically by the Spanish government.

Do I still pay US taxes if I live in Spain?

Yes. The US taxes its citizens on worldwide income regardless of where they live. Living in Spain does not eliminate your US tax obligations — it adds Spanish ones. The US-Spain Tax Treaty prevents most double taxation, but you will need coordinated advice on both sides of the Atlantic.

What is the Non-Lucrative Visa Spain?

A Spanish residency visa for people who can support themselves in Spain without working for a Spanish employer. It requires proof of passive income or savings, private health insurance, and a clean criminal record. It does not permit you to work for Spanish companies but generally allows remote work for non-Spanish employers.

Can I buy property in Spain with a Non-Lucrative Visa?

Yes. Owning property in Spain has never required a visa or residency permit — US citizens can buy property in Spain regardless of their residency status. The Non-Lucrative Visa is about your right to live in Spain, not your right to own property there.

Carlos Paton
Partner at Paton & Mayr Lawyers

Carlos has over 20 years of experience advising foreign investors through every stage of buying property in Spanish (real estate law, conveyancing, cross-border tax structuring, and more). His team operates from Barcelona, Madrid, and Alicante. Serving clients across Catalonia, Costa del Sol, and Costa Blanca with integrated legal, fiscal, and property law services.

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