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Non-resident taxes

Capital gains tax when a non-resident sells Spanish property

When a non-resident sells a property in Spain, the gain is taxed in Spain at 19%. The buyer withholds 3% of the price on account, and the seller then files a return to settle the difference: paying more or claiming a refund. Calculating the gain correctly is where most money is saved.

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Where taxpayers get caught out

Many sellers forget that the 3% is only an advance. If the real tax is higher, the difference must be paid within the deadline; if lower, the refund must be claimed. Doing nothing means either a penalty or a lost refund.

How the gain is calculated

ItemTreatment
Sale priceAs stated in the deed
Selling costsAgent's commission, plusvalía, legal fees, energy certificate
Purchase priceAs stated in the purchase deed
Purchase costsTransfer tax or VAT, notary, registry, legal fees
ImprovementsDocumented works that added value
DepreciationDeducted if the property was rented and depreciation was claimed

The 3% retention

The buyer pays 3% of the price to the tax agency on the seller's behalf within one month, using the modelo 211. The seller's return then compares the real tax with that 3%. See the 3% retention explained.

Deadline and refunds

The seller files the modelo 210 within three months after the buyer's one-month deadline, in practice four months from the sale. If the 3% exceeds the tax, the refund is claimed in the same return and paid to a bank account, which can take several months.

Plusvalía municipal

Separately, the town hall taxes the increase in land value. It is normally paid by the seller and is deductible as a selling cost. See plusvalía.

Residents and exemptions

Residents are taxed on the savings scale instead and may be exempt when reinvesting in a new main home or if over 65. EU and EEA non-residents can, in some cases, apply the reinvestment exemption too. See the main home exemption.

An illustrative example

Based on situations we commonly see; not a specific client. A Swedish seller sold a villa in Calvià for 1.2 million euros, bought for 800,000. The buyer withheld 36,000 euros. After adding purchase costs, documented renovations and selling costs, the real gain was 240,000 euros and the tax 45,600 euros; the seller paid the 9,600 difference on time.

How Castell.tax can help

We file the Spanish taxes of non-resident owners every year: imputed income, quarterly rental returns, the tax on a sale and the refund of the 3% retention. We work in English and German, by email and video call, so you never need to travel to Spain. We also check past years and correct them before the tax agency writes to you. See our non-resident tax service or contact us for a fixed-fee quote.

This page is published by Castell.tax, the tax practice of Castell.law in Palma de Mallorca. It is general information; tax rules and rates change, so check your case with us before filing.

Not sure what you owe? Ask before the deadline

Send us your situation or the letter you received. A tax adviser will tell you what applies, what it could cost and what to file.

Frequently asked questions

What rate do non-residents pay on property gains?

19% on the gain.

Is the 3% the final tax?

No, it is an advance; the seller files a return to settle the difference.

Can I deduct renovation costs?

Yes, documented improvements increase the acquisition value.

What if I sell at a loss?

No tax is due, and the whole 3% can be claimed back.

Talk to a tax adviser about your situation

Call, WhatsApp or email us in English, German or Spanish. Tell us where you live, what you own and what you earn, and we will explain what you must file, when, and how to pay no more than you owe.