Jacob Salama · International Tax Lawyer · Colegiado nº 11.294 ICAMálaga
24%
Beckham Law flat rate on employment income
6 yrs
Duration of Beckham Law regime
5.7% top rate
Kansas state income tax
Kansas has a significant aviation industry (Spirit AeroSystems, Textron Aviation in Wichita). Equity from aerospace companies requires careful sourcing analysis across US and Spain working periods. Jacob Salama advises professionals and business owners from Kansas who are relocating to Spain on the full spectrum of US-Spain tax compliance: pre-departure asset planning, Beckham Law applications, FATCA, FBAR and Modelo 720 obligations, and ongoing dual-filing coordination. Whether you are based in Wichita, Kansas City (KS), Overland Park, the planning principles are consistent — but the details depend on your specific circumstances and asset mix.
The 1990 US-Spain DTA (as amended by the 2013 Protocol) governs the allocation of taxing rights between the two countries. For US citizens — unlike nationals of any other country — the treaty's Saving Clause (Article 1(4)) preserves the United States' right to tax its citizens on worldwide income regardless of Spanish residence. A US national from Kansas who becomes a Spanish tax resident remains fully subject to US federal income tax. The foreign tax credit mechanism under Article 24 of the DTA is the primary tool for avoiding economic double taxation, but its application requires careful sequencing with Spanish IRPF or Beckham Law calculations.
The Beckham Law (Article 93 LIRPF), as expanded by Spain's 2022 Startup Law, allows qualifying individuals becoming Spanish tax residents for the first time to be taxed at a flat 24% on Spanish-source employment income up to €600,000, rather than the progressive general IRPF rate (up to 47%). Most foreign-source income is excluded from Spanish IRPF during the Beckham period. For professionals from Kansas earning in dollars from a US employer, this means: the Spanish salary is taxed at 24%, while dividends, rental income, and capital gains from US assets may be entirely outside Spanish IRPF. The application is made via Modelo 149 within six months of Spanish social security registration.
US nationals who move from Kansas to Spain and become Spanish tax residents face three overlapping foreign asset reporting obligations. First, the FinCEN 114 (FBAR) requires disclosure of all foreign financial accounts exceeding $10,000 in aggregate at any point during the calendar year. Second, FATCA (Form 8938) requires separate disclosure of foreign financial assets above the applicable threshold. Third, Modelo 720 requires Spanish tax residents to declare foreign bank accounts, securities and real estate above €50,000 per category. Jacob coordinates all three streams to ensure full compliance and to identify voluntary disclosure opportunities where historical non-compliance exists.
Kansas state income tax (5.7% top rate) ceases to apply once you properly establish non-residency in Kansas. The key steps involve: (1) establishing a new domicile in Spain (or another state before Spain); (2) filing a part-year resident return for the year of departure; (3) ensuring you do not maintain a permanent place of abode in Kansas after departure; and (4) spending fewer than the statutory number of days in Kansas in future years. The exact rules vary by state and some states (notably California, New York, and New Jersey) are particularly aggressive in asserting continued residency. Jacob advises on the state-level exit process as part of the integrated US-Spain move planning.
Kansas imposes income tax up to 5.7% on income above $30,000. The Kansas Department of Revenue applies standard domicile and presence tests. Kansas is not aggressive in challenging post-departure domicile changes — filing a part-year return and establishing Spanish domicile is standard.
Kansas's major industries include aviation and aerospace manufacturing (Cessna, Beechcraft, Spirit AeroSystems in Wichita — the 'Air Capital of the World'), agriculture (wheat, cattle), energy (oil and gas in southwestern Kansas), healthcare, and finance (Koch Industries in Wichita). Expats from Kansas moving to Spain include aviation industry engineers and executives, Koch Industries-related professionals, agricultural business owners, and energy sector workers.
For professionals relocating from Kansas to Spain, the Beckham Law (Article 93 LIRPF) — which allows a flat 24% rate on Spanish-source employment income up to €600,000 for the first six years — represents a potentially dramatic reduction in the effective income tax rate. When you factor in Kansas's state income tax rate of 5.7% on top of federal rates, the combined burden on earned income can approach ~42.7%. Under Beckham Law in Spain, Spanish-source employment income is taxed at just 24%, and most foreign-source income (dividends, capital gains, interest from US assets) falls entirely outside the Spanish IRPF base during the Beckham period.
| Scenario | Top Effective Rate | Approx. Tax on $180k Income |
|---|---|---|
| US — Federal (37%) + KS (5.7%) | ~42.7% | ~$76,860 |
| Spain — Beckham Law (employment income) | 24% flat | ~€43,200 |
| Spain — Standard IRPF (no Beckham) | Up to 47% | ~€68,400+ |
Kansas exempts Social Security income from state tax for taxpayers with adjusted gross income below $75,000. Private pension and 401(k) income is taxed at regular Kansas rates. Military retirement pay is taxable in Kansas. Moving to Spain subjects these income streams to Spanish IRPF, with US Social Security remaining taxable only in the US under the DTA.
Under Article 17 of the US-Spain Double Taxation Agreement (DTA), private pension and retirement account distributions (401(k), Traditional IRA, employer pension plans) are taxable in Spain — not the United States — once you are a Spanish tax resident. The US may withhold tax at source depending on the payer, but this withholding is creditable against your Spanish IRPF liability. The Roth IRA is a notable exception to this general rule: while the IRS treats Roth distributions as tax-free, Spain does not recognise the Roth's US tax-exempt status, potentially creating double taxation on Roth distributions. Planning your drawdown strategy before establishing Spanish residency is essential.
Key planning point for Kansas expats: Aerospace professionals from Wichita who hold unvested equity in Spirit AeroSystems or other aviation manufacturers face the same RSU sourcing issue as other corporate equity holders when moving to Spain. Given Kansas's significant manufacturing workforce, many expats also hold traditional defined benefit pension plans — these are taxed in Spain under IRPF and must be factored into pre-departure planning.
Spanish wealth tax (Impuesto sobre el Patrimonio) applies to tax residents on their worldwide assets exceeding the personal allowance (€700,000 for residents, plus an additional €300,000 for the primary residence). For expats from Kansas with significant investment portfolios, property, or business interests, wealth tax is an important planning consideration. The rates range from 0.2% on the first tier to 3.5% on the highest. The choice of Spanish region of residence significantly affects wealth tax exposure: residents of Madrid enjoy a 100% bonificación (effectively zero wealth tax), while Andalucía has a 99% bonificación. In contrast, Cataluña and Comunitat Valenciana apply wealth tax in full. For high-net-worth individuals from Kansas with substantial assets, the choice of Spanish region of residence can result in wealth tax differences of tens of thousands of euros per year.
Under the Beckham Law special regime (Article 93 LIRPF), Spanish wealth tax applies only to Spanish-located assets — not worldwide assets — for the duration of the regime. This is an additional major advantage of the Beckham Law for wealthy expats from Kansas: for the first six years of Spanish residence, your US brokerage portfolio, IRA, 401(k), US real estate, and other US-located assets are entirely outside the Spanish wealth tax base. Once the Beckham period ends and you transition to the standard IRPF regime, worldwide wealth becomes assessable.
Many professionals from Wichita in the aerospace and agricultural sector are exploring remote work arrangements that allow them to live in Spain while continuing to work for their KS-based employer. This arrangement raises specific tax and compliance questions that must be addressed before the move.
A well-structured pre-departure process can significantly reduce your total tax burden and avoid costly compliance failures. Key steps for Kansas residents preparing to move to Spain include:
Why specialist advice matters: Moving from Kansas to Spain involves simultaneous US federal, KS state, and Spanish tax obligations. General advisors typically lack the cross-border expertise to optimise all three at once. Jacob Salama advises Kansas nationals moving to Spain on the complete picture — from pre-departure planning through the first Spanish IRPF return and beyond.
Moving from Kansas to Spain involves complex US-Spain tax interactions that general advisors miss. Jacob handles every private client case personally.
The content on this page is for general informational and educational purposes only. It does not constitute legal or tax advice and does not create a lawyer-client relationship. Tax laws change frequently and their application depends on individual circumstances. Always obtain specific professional advice before taking any action. Jacob Salama — Salama Legal SLP — is a registered Spanish lawyer (Colegiado nº 11.294, ICAMálaga) and is not authorised to provide US or UK legal advice.