THE WAYPOINT SUR

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The morning James's HR found Spain.

James called me in February. We'd worked together years ago—sharp product manager, now director at a Berlin fintech. Good money, full remote since COVID, living in Estepona with his partner.

"Mate, I've got a situation."

Someone in Finance noticed his video backgrounds. Mediterranean balcony views don't match the registered address in Hamburg. HR sent the email: "Quick one—our records show your residence as Germany. Can we confirm your current location and working pattern?"

Translation: "We think you're living in Spain while using our German payroll. Are we exposed?"

James spent the call walking me through his week of panic. Tell the truth and get forced back to the office? Dodge and become the cautionary tale in a compliance deck? Do nothing and wake up to a legal letter he can't control?

He's not alone. I'm seeing this conversation three times a month now—remote professionals on Costa del Sol while employers still think they're in London, Amsterdam, San Francisco.

If you're working remotely here while HQ thinks you're somewhere else, here's the conversation you've been delaying.

What HQ actually cares about

Before you script worst-case scenarios at 03:00, understand what employers optimize for.

Three things matter:

  • Tax and regulatory exposure
    They don't want "permanent establishment" problems in Spain because a director quietly moved there two years ago.

  • Operational reliability
    You're available when needed, in person when required, and not disappearing to renew residency without warning.

  • Internal precedent
    If they give you flexible Spain terms, who points at it next quarter, saying "me too"?

Everything else is mostly in your head.

  • "They'll think I'm not serious"—if you were underdelivering, they'd already think that. Location multiplies performance, doesn't create it.

  • "They'll force me back"—possible. More often, they want structure matching reality and documented agreement; Legal can defend.

Your job: arrive with a clear picture of your current life plus two viable options that reduce their risk.

The three structures you can propose

James and I spent an hour mapping his options. From the employer's angle, it collapses into three:

Lane 1: Spanish payroll (direct or employer of record)

Best when you're staying in Costa del Sol long-term, the company has a Spanish entity or can use an EOR service, and you value stability over tax optimization.

What you say: "I live full-time in Spain now. Cleanest option is moving my contract to Spanish payroll—direct or through employer of record—so tax, social security, benefits match where I actually live."

Why they like it: Fewer residency surprises, clean reporting, benefits alignment.

Costs: Higher employer burden (approximately 30% on top of gross salary), your life formally tied to Spain.

James went this route. His company used Remote.com as EOR. Took three weeks to set up, plus a €200 monthly admin fee and 30% employer costs. But he sleeps better.

Lane 2: Contractor or autónomo — self-employed — with a tight scope

Best when you're senior or project-based, the company uses contractors already, and you're comfortable with compliance yourself.

What you say: "Given I'm Spain-based long-term, cleaner to convert this to a contracted engagement with defined scope and deliverables. I'd register as autónomo or use a Spanish company structure and invoice you."

Why they like it: Reduces employment risk, easier to scale if the business turns.

Costs: Shifts admin and risk to you. €300 minimum monthly social security, even with no income. Quarterly tax filings. Must align structure with absolute control, or you just move the problem.

Lane 3: Keep the foreign company structure, but document everything

Best when you're the founder or director of your own UK Ltd or US LLC, and you already take tax and compliance seriously with professionals.

What you say: "I live and work in Spain most of the year. I'm working with advisors on permanent establishment and director tax. Want to ensure the company understands the implications and agrees to the plan rather than being surprised."

Why they like it: Shows you're an adult about risk, gives them input.

Costs: Requires real advice (€200-400/hour for a tax attorney, €150-250 for an accountant), might end with "this structure must change."

Pick the one that's honest for where your life is heading. Keep one backup if they push.

The actual conversation

Your employer doesn't want a monologue. They want clarity in under twenty minutes.

Before the call:

Write down days spent in Spain versus elsewhere this year.

Summarize role, responsibilities, and who you manage.

Get a one-hour consultation with a bilingual tax advisor who handles remote professionals (€200-400). Don't wing this based on Facebook advice.

James spent €350 with a tax attorney in Marbella before his call with HR. Worth every cent—she gave him language that made Legal comfortable.

Book a proper slot:

Not a side note at the quarter's end. Dedicated thirty minutes with the manager, plus HR, if you trust them.

Label it: "Location and structure alignment."

Use this structure:

State reality: "I've been spending most time in Spain this year. This isn't temporary—it's how I live now."

Show you understand their risk: "I know this has tax, HR, compliance implications—not just for me. Don't want it to be a surprise."

Offer lane you want plus fallback: "Cleanest option I see is [Lane 1/2/3]. If not workable, could also see [backup]. Would rather agree explicit path now than leave it fuzzy."

Ask their constraints: "What are internal constraints—entities, HR policies, tax positions? Who else needs to be in this conversation and by when?"

Agree next step: "Can we loop in Legal and come back to a decision in four weeks?"

Then stop. Let them process. Be calm and factual, not defensive.

James's HR call lasted eighteen minutes. They scheduled a follow-up with Legal for two weeks later. Six weeks after that first email, he was on the Spanish payroll through Remote.com.

Timeline expectations

If they choose Lane 1 (Spanish payroll):

  • EOR setup: 2-3 weeks

  • Direct entity: 6-12 weeks if they don't have a Spanish presence

  • Cost to the company: 30% additional burden on your gross

If they choose Lane 2 (autónomo):

  • Registration: 1-2 weeks

  • Your monthly costs: €300 minimum social security, even if no income

  • Quarterly tax filings: January, April, July, October

If they choose Lane 3 (keep current structure):

  • Advisor engagement: 1 week

  • Initial compliance review: 2-4 weeks

  • Ongoing monitoring: Quarterly check-ins, annual filing

Most companies take 4-8 weeks to make structural decisions involving Legal and Finance. Start this conversation in November, don't wait until December 23rd.

Spanish you'll use this week.

Necesito un asesor fiscal que trabaje con profesionales extranjeros.
I need a tax advisor who works with foreign professionals.

Use this when calling potential advisors. Follow with: ¿Habla inglés?Do you speak English?

What happens next

Reply STRUCTURE for one-page conversation script—email opener, meeting outline, follow-up note you can adapt.

Reply ADVISOR for three bilingual tax professionals on Costa del Sol who routinely handle remote workers: names, contact details, typical costs, and what each specializes in.

Reply TIMELINE for visual showing decision points and costs for all three lanes.

You didn't move here to live in legal fiction. Make your life and your contract match, on purpose, while you're still setting terms.

Enjoy the weekend — A. and the incredibly beautiful Waypoint Sur team

With WaypointSur, you can always expect plain-English guidance to land, settle, and thrive on Spain's Costa del Sol—homes, schools, healthcare, visas, taxes, work, and daily life. 💛 
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