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Migration guide

How to Move Tax Residency from Spain to Greece (2026)

For a Spanish founder or HNW investor with €500K+ of annual foreign income and the willingness to lock €500,000 into Greek assets, the move from Spain to Greece is one of the most powerful — and least crowded — tax restructures inside the EU. Spain takes 19–30% on the savings scale, 47–50% on top-bracket employment income in Madrid/Catalonia, and adds the Impuesto Temporal de Solidaridad de las Grandes Fortunas at 1.7%, 2.1% or 3.5% per year on net wealth above €3M. Greece, under the Article 5A non-dom flat tax, caps the entire worldwide-income line at €100,000 per year for up to 15 years — irrespective of how many millions of dividends, interest, royalties or foreign capital gains sit on top. The principal exit-side trap is Article 95 bis LIRPF, Spain’s substantial-shareholding exit tax — but because Greece is a full EU member, the EU/EEA automatic deferral applies without a bank guarantee, exactly as it does for an Italian or Cypriot destination. The operative bilateral text is the 2000 Spain-Greece Double Tax Treaty (in force 21 August 2002), and its Article 4 tie-breaker is the rule that decides every contested file.

The Tax Delta at a Glance

Spain (current) Greece (after move, Article 5A non-dom)
Personal income tax 19%–47% state + regional tramo (top ~47% Madrid, ~50% Catalonia/Valencia) €100,000 flat per year on all foreign income (Article 5A); 9%–44% progressive on Greek-source income only
Capital gains tax Savings scale: 19% / 21% / 23% / 27% / 28% / 30% (>€300K) Inside the €100K flat for foreign-source gains; 15% on Greek-source non-listed shares
Dividend tax Savings scale (19–30%); no individual participation exemption Inside the €100K flat for foreign dividends; 5% withholding on Greek dividends
Interest income Savings scale (19–30%) Inside the €100K flat for foreign interest; 15% on Greek-source interest
Rental income Savings scale (19–30%); regional surcharges Inside the €100K flat for foreign rents; 15–45% progressive on Greek rents
Wealth / inheritance Patrimonio (regional, up to ~3.5%; €700K + €300K main-residence exemption); Solidarity Tax on Large Fortunes at 1.7%/2.1%/3.5% above €3M; ISD 0–34% by region No wealth tax. Inheritance/gift tax 1–10% for spouses/children with €150K-per-child threshold; ENFIA real-estate tax only on Greek-situs property
Family member add-on n/a €20,000 per qualifying relative per year, foreign income fully covered
Worldwide vs territorial Worldwide (Article 2 LIRPF); Modelo 720/721 informational reporting Worldwide in principle, but Article 5A flat-rate carve-out caps foreign-income tax at €100K
Effective rate (HNW founder, €3M foreign dividends/interest, €10M net worth) ~€800K savings-scale IRPF + €240K Solidarity Tax = ~€1.04M / yr €100,000 flat + ~€500–€2,000 ENFIA on Greek property = ~€102K / yr

For a Madrid- or Barcelona-based founder living off €3M of foreign dividends and interest against a €10M net worth, Spain takes roughly €1.0–€1.2 million per year between the savings scale and the Solidarity Tax. Greece, on the same income, takes €100,000 flat. The recurring annual delta of roughly €900,000–€1,000,000 funds the move (and amortises any one-time Article 95 bis liability) inside year one. The break-even versus normal Greek rates sits around €450,000 of annual foreign income, so Greece is genuinely useful for high earners and dramatically less attractive below that threshold — at €200K of foreign income, Cyprus’s 0% non-dom wins outright.

Step-by-Step Move

Step 1: Confirm you can legally cease Spanish tax residency

Spanish tax residency under Article 9 of Ley 35/2006 (LIRPF) turns on three independent tests — meeting any one makes you Spanish-resident for the entire calendar year:

  1. The 183-day test. More than 183 days physically in Spain. Spain’s “sporadic absences” rule treats days outside Spain as Spanish days unless you produce a foreign tax-residency certificate — for a Greek move, this is the Greek Tax Residency Certificate issued by the AADE (Independent Authority for Public Revenue), which under DTA Article 4 defeats the AEAT presumption.
  2. The centre of economic interests test. Spain is the main centre or base of your activities or economic interests. A founder who relocates personally but keeps an operating SL run from Madrid remains exposed. Most Spaniards moving under Article 5A restructure their Spanish operating company into a Greek or third-country holding before the move so that the centre of economic interests is genuinely outside Spain.
  3. The family presumption. Your legally non-separated spouse and dependent minor children habitually reside in Spain — Spain presumes you are resident, with the burden on you to rebut. Spouse stays at the Madrid school for the academic year while you “live” in Athens or Glyfada: classic Article 9.1.b reassessment. The €20,000-per-relative add-on under Article 5A is specifically designed to make full family relocation cheap.

The Article 8.2 LIRPF anti-tax-haven extension — under which a Spaniard moving to a paraíso fiscal remains Spanish-resident for the year of departure plus four further years — does not apply to Greece. Greece is a full EU member, OECD compliant, and has never appeared on Spain’s paraísos fiscales list. Cessation is therefore a clean single-year break once the three Article 9 tests are failed.

Step 2: Plan around Spain’s exit tax (Article 95 bis LIRPF)

Spain has had a personal exit tax since 2015 under Article 95 bis LIRPF (introduced by Ley 26/2014). It applies to anyone who has been Spanish tax resident in at least 10 of the last 15 years and at the moment of exit holds either:

  • Shares with an aggregate market value above €4,000,000 across all qualifying entities, or
  • A 25%+ stake in a single entity worth more than €1,000,000.

Where it bites, Article 95 bis treats the shares as deemed-sold at fair market value the day you cease residency, with the gain taxed under the savings scale (19–30%). For a founder with €10M of unrealised gain in a holding company, that is a one-time €2.7–€3.0 million charge at the moment of exit.

Greece is in the EU/EEA, which is the controlling fact. Article 95 bis offers automatic deferral for moves within the EU/EEA, identical to the treatment of an Italian or Cypriot destination: the deemed gain is calculated and reported on Modelo 113 but not actually collected until you dispose of the shares. The deferral runs for up to 10 years, the liability extinguishes entirely if you return to Spain within 5 years without having sold, or if the shares pass to your heirs after Spanish residency ceases. No bank guarantee or other security is required for EU/EEA transfers — a critical contrast with the position for moves to non-EU destinations such as the UAE or Monaco. Modelo 113 is filed in the year of departure and updated annually until the liability settles or extinguishes. For founders below the €4M / €1M-with-25% thresholds, Article 95 bis is simply inapplicable and Greece becomes a frictionless exit on the share-sale axis.

A delicate planning point: Greece’s Article 5A flat tax absorbs foreign-source capital gains into the €100K cap. A founder who clears the 5-year window can dispose inside Greece after the Article 95 bis deferral has run out — the Spanish liability extinguishes and the gain on the Greek side falls inside the same €100,000 the founder is paying anyway. Effective marginal capital-gains rate on a €50M exit, in that scenario, can be as low as 0.2%.

Step 3: Establish Greek tax residency under Article 5A

Greek tax residency follows the standard 183-day rule plus a centre-of-vital-interests override. Article 5A non-dom status is then layered on top, and is the actual prize. Eligibility:

  • Prior non-residence test. You must not have been a Greek tax resident for at least 7 of the previous 8 years. This is verified against AADE records — an EU citizen with no historic Greek AFM tax number passes automatically.
  • Qualifying investment. At least €500,000 in Greek real estate, Greek companies or Greek securities, made within 3 years of acceptance into the regime. The investment can already be in your name at the time of application — a Golden Visa property purchase counts and Athens/Thessaloniki/Mykonos/Santorini real estate at the post-2024 €800K threshold automatically qualifies.
  • Application window. File the Article 5A application with AADE by 31 March of the target tax year. Acceptance normally arrives within 60 days.
  • Annual flat tax. €100,000 per principal applicant + €20,000 per qualifying relative, paid as a single lump sum by 31 July each year. Missing a payment terminates the regime.
  • Duration. Up to 15 tax years, non-renewable. After year 15 the taxpayer falls back into normal Greek progressive rates unless they leave Greek tax residency.

For Spanish nationals, the immigration side is a one-time formality: as EU citizens you do not need a residence permit and simply register at the local Δήμος (municipality) and obtain an AFM (Greek Tax Identification Number) at the local DOY tax office. Banking, lease and AFM are normally completed in 2–4 weeks. See the full destination-side requirements on the Greece country page.

Step 4: Document the break and the new tie

The AEAT (Agencia Tributaria) routinely opens procedimientos de comprobación limitada against high earners who claim non-residence, particularly where Article 95 bis liability is in play. Your evidence package should include:

  • The Greek Tax Residency Certificate (issued by AADE) for each calendar year — the single most important document under DTA Article 4.
  • AADE acceptance letter for Article 5A plus proof of the €500,000 qualifying investment (notarial deed, share-subscription contract, AIF subscription confirmation).
  • Greek lease or property deed plus utility bills, internet, Greek bank statements showing month-by-month Greek spend pattern.
  • School enrolment for dependent children at an English-language school in Athens (Athens College, ACS Athens, St. Catherine’s) — defeats the Article 9.1.b family presumption.
  • Padrón cancellation in Spain plus Modelo 030 filed with AEAT to formally update fiscal status to non-resident.
  • Travel records (boarding passes, calendar) demonstrating <183 days in Spain.

The operative treaty is the Convenio entre el Reino de España y la República Helénica para evitar la doble imposición, signed in Madrid on 4 December 2000 and in force from 21 August 2002 (BOE-A-2002-19435). Article 4(2) contains the standard OECD tie-breaker if you are dual-resident in any year: (i) permanent home, (ii) centre of vital interests, (iii) habitual abode, (iv) nationality, (v) mutual agreement. The “permanent home” test is decided on availability, not occupation — a Madrid flat that you keep “for visits” is a permanent home unless rented out under a multi-year commercial lease that excludes your access. Spaniards moving to Greece frequently fail this leg because they retain the piso familiar and a domestic-staff arrangement that the AEAT can characterise as continuous availability.

Step 5: First-year compliance in both jurisdictions

In the year of departure, file a final Spanish IRPF return for the calendar year in which you cease residency. Spain does not formally split the year — Article 9 is binary by calendar year, so the planning question is which year you cease entirely. If Article 95 bis applies, file Modelo 113 to elect EU deferral. Modelo 720 (foreign assets >€50,000) and Modelo 721 (crypto >€50,000) remain due for any year you were Spanish resident on 31 December — penalties have been recalibrated since the 2022 CJEU ruling but are still material.

In Greece, your first personal income tax return (Form E1) is due electronically by 30 June of the year following the year of arrival. The Article 5A flat tax of €100,000 (plus €20,000 per family member) is paid as a single instalment by 31 July. Greek-source income (Greek employment, Greek rents, Greek dividends) sits outside the flat tax and is reported on the same E1 at normal rates. Most users also pay an annual ENFIA real-estate tax assessment in late summer if they hold Greek property.

Cost & Timeline

Phase Cost Time
Tax planning + Article 95 bis review (pre-move) €8,000–€20,000 2–3 months
Modelo 113 deferral filing + final IRPF €4,000–€10,000 At year-end
Article 5A application + Greek registration (AFM, lease, bank) €8,000–€20,000 1–3 months
Qualifying €500K Greek investment (+ legal, notary, transfer tax) €500,000+ + ~€20,000–€40,000 transaction costs 1–6 months
First-year dual filing (E1 GR + final IRPF ES) €5,000–€12,000 Year 2
Total year-1 setup cost (excl. principal investment) €25,000–€62,000 + ~€20K–€40K transaction costs 6–12 months
Annual recurring (€100K flat + family + advisory + ENFIA) €105,000–€135,000+ Annual

Treaty Considerations

The 2000 Spain-Greece DTA is a standard OECD-model agreement. Article 4 contains the residency tie-breaker discussed above. Article 10 caps source-state withholding on dividends at 5%/10% depending on shareholding (5% for ≥25% participations). Article 11 caps interest withholding at 8%. Article 12 caps royalties at 6%. Article 13 allocates capital gains broadly to the residence state, with the usual carve-outs for real estate situated in the source state and for substantial corporate shareholdings.

The treaty does not override Spain’s Article 95 bis exit tax — it merely allocates taxing rights on later disposals between Spain (during the deferral period) and Greece (as the new residence state). A subtle planning point concerns the interaction of Article 5A with the DTA. Greece issues full tax-residency certificates to Article 5A non-doms — flat tax is treated as a regime inside Greece’s normal worldwide-tax framework, not a separate haven mechanism — and Spain has formally accepted Greek certificates issued under Article 5A in administrative correspondence since 2021. Spanish-source dividends and interest paid to a Greek Article 5A resident therefore receive full treaty treatment, capped at the 5%/10% / 8% withholding rates.

Common Mistakes

  1. Spouse and children stay in Madrid for the school year. The Article 9.1.b family presumption is the single most common cause of Spanish reassessment. Move the family with you and use the €20,000 add-on to enrol them under Article 5A as well.
  2. Triggering Article 95 bis without filing Modelo 113. EU deferral is automatic in principle but not silent — if you don’t file Modelo 113 reporting the deemed gain in the year of departure, the tax becomes payable immediately rather than deferred.
  3. Missing the 31 March Article 5A deadline. Article 5A applications filed after 31 March push the regime out by a full tax year — meaning another full year of Spanish exposure.
  4. Skipping or delaying the €500K Greek investment. AADE allows up to three years from acceptance to complete the investment, but failure to deliver retroactively voids the regime and reopens Greek progressive taxation on every prior year’s foreign income.
  5. Keeping the Spanish piso “for the kids.” Treaty Article 4(2)(a) “permanent home” is decided on availability. A Madrid flat you visit twice a year, with your clothes still in the closet, is a permanent home. Rent it commercially or transfer it.
  6. Forgetting Modelo 720/721 for the year of departure. Even in the year you cease residency, the foreign-asset and crypto reporting obligations apply for any year you were Spanish-resident on 31 December.

FAQ

Will I still have to file in Spain after moving?

Only as a non-resident under Impuesto sobre la Renta de no Residentes (IRNR) on Spanish-source income (rental income from Spanish property, dividends from Spanish companies, gains on Spanish real estate). If Article 95 bis applies and you elected EU deferral, you must file Modelo 113 annually until the liability is settled or extinguishes after 10 years. Modelo 720/721 obligations stop the year after you become non-resident.

Can I keep my Spanish bank accounts and property?

Yes. As a non-resident with an NIE you continue to use Spanish banks, own Spanish real estate, and pay IRNR on rental income and any disposal gains. Wealth tax and the Solidarity Tax apply to non-residents only on Spanish-situs assets (with a €700,000 exemption available to non-residents from EU/EEA states under the post-2021 reform), so the wealth-tax saving from moving to Greece applies primarily to non-Spanish assets.

What if my foreign income is below €450K — is Greece still worth it?

Probably not. The €100,000 flat tax has a hard break-even versus normal Greek progressive rates of roughly €450,000 of foreign income. Below that — and especially below €250K — Cyprus’s 0% non-dom is structurally cheaper, with no €500K investment requirement and only 60 days of presence required. Greece wins decisively only above ~€500K of foreign income, or where a Greek lifestyle/EU-citizenship-pathway preference is independent.

What happens if AEAT disputes my exit?

AEAT routinely audits HNW departures within the four-year statute of limitations, particularly where Article 95 bis liability is in play. Defence rests on (a) the Greek tax-residency certificate plus AADE Article 5A acceptance letter, (b) Greek lease/utility/€500K-investment evidence, (c) <183 days in Spain (boarding passes, calendar), and (d) a clean Modelo 030 update. Cases regularly turn on the Article 4(2)(a) permanent-home test under the 2000 DTA; the TEAR–TEAC–Audiencia Nacional appeal chain handles disputes administratively before judicial review.

How does Greece compare to Italy or Cyprus for a Spaniard?

For income above roughly €800K–€1M of foreign income per year, Italy’s €200K flat tax and Greece’s €100K flat tax are both materially cheaper than Spain — Greece is now half the price of Italy for new entrants and has a lower minimum investment (€500K vs Italy’s none, but Italy has no investment requirement at all). Below that, Cyprus’s 0% non-dom wins on every line. Greece sits in the middle: more lifestyle and EU-passport upside than Cyprus, cheaper than Italy for the principal applicant.

What happens after the 15-year Article 5A window expires?

The regime is non-renewable. From year 16 onward you are taxed under standard Greek progressive rates (9–44%) on worldwide income, plus solidarity contribution if reactivated. Most families plan an exit (or a transition into Cyprus 60-day non-dom or back to a low-tax Spanish region with carefully managed re-entry) before year 15 closes.

Next Step

For the full destination-side breakdown, see Tax-Free Residency in Greece: €100K Non-Dom Flat Tax 2026. For a deeper look at exit-tax mechanics across jurisdictions, see How to Legally Exit a High-Tax Country: 2026 Exit Tax Guide. For parallel EU comparisons, see How to Move Tax Residency from Spain to Italy, How to Move Tax Residency from Spain to Cyprus, and Italy vs Greece Flat Tax.

Book a free consultation — we specialize in Spain-to-Greece relocations under Article 95 bis EU deferral and Article 5A non-dom registration.

Last updated: 2026-04-27
Sources:
– Agencia Tributaria — Article 95 bis LIRPF and Modelo 113 instructions — https://sede.agenciatributaria.gob.es
– AADE (Greek Independent Authority for Public Revenue) — Article 5A non-dom regime guidance — https://www.aade.gr/en
– Convenio España-Grecia para evitar la doble imposición (Madrid, 4 December 2000; in force 21 August 2002) — published BOE-A-2002-19435 — https://www.boe.es
– PwC Worldwide Tax Summaries — Spain and Greece individual taxation — https://taxsummaries.pwc.com

Last updated: 2026-04-27