Question
I am really confused by all the information in these posts. I am particularly confused about two items: working for a US company that has no offices in Spain as a W-2 employee AND the requirements for Social Security. People seem to have a variety of answers to what is required by your employer to work in Spain and the information about US Social Security. Can anyone clearly explain or tell me what I need to know?
Answers
These are the answers of some Facebook group members:
”No option at the moment for those in that situation, as the SSA won’t issue the Social Security Certificate that the UGE asks for and most employers won’t register for SS and tax in Spain for a remote employee”
”What if my company has an office in Spain but I am in no way associated with that division of the organization? Does that make it any better for the social security requirement or would they have to “transfer” me as an employee (which i am trying to avoid as a US worker)”
”My husband and I are trying to figure out this same question. I emailed SSA yesterday regarding the social security certificate and will share their response once it arrives”
”There should be no difference in treatment/requirements between the Consulates and the UGE. The only hope I have is for an adjustment of the treaty to include digital nomads, but that’s not going to happen anytime soon”
”No one knows! I am in contact with a law office here, and this is their answer. About your doubt, you should get a certificate from Social Security affirming that you will be covered in Spain when you move to this country. We don’t know exactly what it is called in the USA (as it is different in each country) but if you could get a certificate affirming that, it would be enough to apply for the visa. We have many clients from the USA who are requesting this type of certificate”
”It seemed to me like things were resolved based on the verbiage used on the consulate website for Miami. It doesn’t say certificate of coverage anywhere but goes into general details of what should be provided – it seemed vague to me but a big step forward from impossible. It’s only on the Miami consulate site at this time afaik”
”This is what is specified on the Spanish Consulate of Miami website Point 9: 9. Responsible declaration of the company, in the event that the worker is employed by another, or the self-employed worker, where the commitment to comply appears, prior to the start of the work or professional activity, of the obligations in Social Security and, in case of non-coverage by the international standard of coordination of Social Security Systems and work for others, accreditation of the registration of the company in the Social Security”
I just had a call with a lawyer from Lexidy, who asked if I could declare myself as autonomo and pay social security in Spain while maintaining my W-2 status. He gave me a hard NO”
In conclusion, according to Spainguru Facebook group members, the social security requirements for remote workers in Spain working for US-based companies are currently unclear. The US Social Security Administration does not issue the required certificate, and most employers are not registering for social security in Spain for remote employees. There is no clear solution or guidance available, and it is uncertain if having an office in Spain without direct association would affect the requirements. It is hoped that a treaty adjustment will address this issue, but it is unlikely to happen soon. The documentation requirements mentioned by the Spanish Consulates are vague. Declaring oneself as self-employed in Spain while maintaining W-2 status in the US is not allowed. Overall, there is no definitive answer or solution at this time.
