Wegzugsteuer and DACH Tax Planning for Spain 2026 — §6 AStG, DTA Germany-Spain and Beckham Law Stacking

The Wegzugsteuer under §6 AStG is the most misunderstood tax instrument in the DACH-to-Spain relocation landscape. The 2021 reform fundamentally changed the rules — and most advisors have not yet updated their understanding. Getting this right is the single most valuable thing BMC does for DACH high-net-worth clients.

The §6 AStG Mechanism: What Actually Happens at Departure

When a German tax resident moves to Spain and holds shares in a capital company (GmbH, AG, SE, or foreign equivalent) meeting the §17 EStG threshold (≥1% shareholding), German tax law treats the departure as a deemed disposal of those shares. The unrealised gain — the difference between the current market value and the original acquisition cost — is taxable under §32d EStG at the 25% final withholding rate (Abgeltungsteuer), plus 5.5% Solidaritätszuschlag where applicable.

Calculating the Wegzugsteuer: A Worked Example

The EU deferral does not eliminate the tax — it defers it until an actual realisation event occurs.

§6 Abs. 4 AStG n.F.: The Correct Legal Position Since 2022

The ATAD-Umsetzungsgesetz vom 25. Juni 2021 (BGBl. I 2021, 2051), implementing the EU Anti-Tax Avoidance Directive (ATAD), reformed §6 AStG comprehensively with effect from 1 January 2022. The key change for EU relocations:

Old law (§6 AStG a.F.): Deferral in 5 (later 7) equal annual instalments — even for EU/EEA moves. This was criticised by the European Commission as incompatible with the freedom of establishment.

New law (§6 Abs. 4 AStG n.F.): For relocations to an EU/EEA member state, the tax is deferred indefinitely and interest-free until a realisation event occurs. No annual instalments. No time limit. No interest charges.

Realisation events (when the deferred tax becomes due):

1. Actual disposal of the shares (sale, gift, contribution)
2. Relocation to a non-EU/EEA country
3. Insolvency of the taxpayer or liquidation of the company
4. Distributions reducing the share value by more than one quarter (§6 Abs. 5 s. 1 No. 3 AStG n.F.)
5. Relocation of the company’s registered office out of the EU/EEA

DTA Germany-Spain: The Five Key Articles

The Agreement between Spain and Germany for the Avoidance of Double Taxation (signed 3 February 2011, BGBl. II 2012, 18; BOE-A-2013-534) follows the OECD Model Convention 2010. The following articles are most relevant for DACH expatriates:

Art. 4 — Residence (the “place of effective management” risk)

Defines which state a company is resident in. If a German GmbH is managed from Spain, Art. 4 combined with §10 AO could make Spain the company’s state of tax residence — with full Spanish corporate tax consequences.

Art. 10 — Dividends

Spain (residence state) has primary taxing rights on dividends. Germany (source state) may withhold: 5% if the recipient is a company with ≥10% shareholding (relevant for DE-ES holding structures), 15% in other cases. This withholding is creditable against Spanish IRPF or IS.

Art. 13 Abs. 6 — General capital gains

Gains on share disposals are taxable only in the state of residence of the seller. After moving to Spain, Spain has the primary right to tax any gain on sale of shares — including German GmbH shares.

Art. 13 Abs. 7 — Germany’s 5-year look-back

Notwithstanding Art. 13 Abs. 6, Germany may tax gains on disposal of shares in German companies if the seller was resident in Germany at any point in the 5 years preceding the disposal. After 5 years of Spanish residency, only Spain has the right.

Art. 13 Abs. 2 — Real estate-rich companies

Gains on shares in companies where >50% of assets consist of immovable property may be taxed in the country where the property is located. Relevant for German real estate holding GmbHs.

The Beckham Stacking Strategy for DACH HNW

Why This Combination is Unique

The Wegzugsteuer EU deferral and the Beckham Law operate on completely different dimensions:

• Wegzugsteuer deferral: affects the timing of taxation on past unrealised gains (backward-looking)
• Beckham Law: affects the rate of taxation on current income (forward-looking)

They are not only compatible — they are designed to be used together for maximum efficiency.

Combined Financial Impact: A DACH HNW Example

Simplified estimates. Actual tax depends on structure, residency obligations and personal circumstances.

Austrian Exit Tax: §27 EStG Ö

Austria’s exit regime under §27 Abs. 6 EStG Ö applies broadly to all capital assets (not just significant shareholdings, unlike Germany’s ≥1% rule). For Austrian nationals moving to Spain (EU), the deferral is also indefinite and interest-free — consistent with EU free movement principles. BMC coordinates with Austrian tax advisors for the deferral application at the Austrian Finanzamt, in parallel with the Spanish Beckham Law application.

Modelo 720: The Foreign Asset Disclosure Obligation

An aspect frequently overlooked in DACH tax planning: even under the Beckham Law, the new Spanish resident must file Modelo 720 if they hold foreign assets (bank accounts, securities portfolios, real estate) with a value exceeding €50,000 per category.

Modelo 720 is an informational declaration — it does not directly generate tax. However, the failure to file historically attracted disproportionate penalties. After the CJEU ruling in case C-788/19, the sanction regime has been moderated, but the obligation to file persists. For a DACH HNW individual with GmbH shareholdings, German bank accounts and Austrian or German real estate, Modelo 720 is typically one of the first formal obligations in the first year of Spanish residency.

Filing window: 1 January to 31 March of the year following the one in which you first become a Spanish tax resident. The first Modelo 720 covers the year of first residency.

The First-Year Fiscal Calendar for DACH Residents in Spain

Managing these overlapping deadlines across two tax systems — German and Spanish — is one of the core services BMC provides to DACH clients in their first years as Spanish tax residents. Missing the Modelo 149 deadline means losing the Beckham Law entitlement permanently for that period of residency.

Swiss Exit Tax Complexity: A Note on Cantonal Differences

Swiss nationals leaving Switzerland do not face a single unified federal exit tax equivalent to Germany’s AStG. However, certain cantons levy specific taxes on departure — particularly on unrealised gains in business assets and company shareholdings:

• Zurich, Basel: Departure can trigger cantonal income tax on latent gains in some circumstances — particularly for business owners and significant shareholders
• Geneva: Specific cantonal provisions on asset transfers and latent gains upon fiscal domicile change
• Zug, Schwyz: Lower tax burden generally; fewer departure-triggered levies, but individual analysis still required

Swiss nationals should consult with a Swiss cantonal tax advisor before completing the move. BMC coordinates this cross-border analysis as part of its integrated DACH-Spain relocation service, ensuring the Swiss and Spanish sides of the transaction are planned in parallel.

Exit Planning: The Optimal Sequence for DACH HNW

The interaction of the Wegzugsteuer EU deferral, the Art. 13 Abs. 7 DE-ES DTA five-year look-back, and the Beckham Law’s 6-year horizon creates a powerful exit planning window for DACH entrepreneurs who hold German company shareholdings.

The optimal sequence for a German founder who relocates to Spain at age 45:

1. Move to Spain (year 0): Wegzugsteuer deferred indefinitely (EU move). Beckham Law activated: 24% on Spanish income, 0% on German dividends.
2. Years 1–5: Do not sell the GmbH. Germany retains the right under Art. 13 Abs. 7. German dividends to the founder are partially withheld at source but exempt in Spain.
3. Year 5+: Art. 13 Abs. 7 look-back expires. Only Spain has the right to tax any sale of the German GmbH shares.
4. Year 5 or 6 (while Beckham still active): Sell the GmbH. Gain is foreign-source income → 0% under Beckham. No German tax (Art. 13 Abs. 7 expired). Result: effective tax rate near 0% on a multi-million euro exit.

Legal sources:

• §6 AStG — gesetze-im-internet.de
• ATAD-Umsetzungsgesetz 2021 — BGBl. I 2021, 2051
• DTA Germany-Spain — BOE-A-2013-534
• Art. 93 LIRPF — AEAT
• EuGH C-371/10 National Grid Indus