A non-resident seller in Spain pays 19% on the gain, and the buyer withholds 3% of the price at closing. How the gain is calculated, what you can deduct and what to file afterwards.
Selling a Spanish property as a non-resident triggers two things at the same time: a tax on the gain, and a retention taken from the price at closing. The tax itself is simpler than in many countries, but the retention surprises sellers who expected to receive the full price.
The rate
The Spanish Tax Agency's guide for non-residents states a flat 19% on capital gains from selling property, with no distinction between EU/EEA residents and everyone else. Figures such as 24% that you may see online relate to other kinds of non-resident income, not to property gains.
How the gain is calculated
The tax is charged on the net gain, not on the price:
- sale price, less the seller's own costs of selling
- minus the acquisition value: the price you paid, plus the purchase taxes (transfer tax or VAT), notary, registry and agent fees you paid at the time, plus documented improvements
- mortgage interest is not part of the acquisition cost
- inflation indexation coefficients were abolished for sales from 1 January 2015, so a long holding period brings no inflation relief
Keep every purchase document and every invoice for works, because they are what reduces the gain.
The 3% retention
When the seller is a non-resident, the buyer must withhold 3% of the agreed price and pay it to the tax office within one month of the deed, using Modelo 211. The buyer gives you a copy of the form. This is an advance payment on account of your tax, not the tax itself. If your real tax is lower than 3% of the price, you can reclaim the excess using the procedure set by Order HAP/2474/2015; one law-firm source reports that such refunds take around six to twelve months. If the tax is higher, you pay the difference.
What you file
The gain is declared on Modelo 210. According to one law-firm source the deadline is four months after the sale, consistent with a rule that places it three months after the buyer's deadline to pay the retention; confirm the exact date with your gestor, because late filing brings penalties and delays any refund.
Exemptions
Non-residents get fewer exemptions than residents:
- the Agency's guide lists a reinvestment exemption for EU/EEA residents who reinvest the proceeds in a new main home
- it does not list an over-65 exemption for non-residents, so do not assume the resident rules apply to you
- a separate municipal tax on the increase in the cadastral value of the land (plusvalía municipal) is charged by the town hall; sellers can reportedly choose between a formula method and a real-gain method, so ask the gestor to calculate both
Your home country
Spain's tax treaties generally allow Spain to tax the gain on Spanish real estate. Your home country may still count the gain in your return and give a credit for Spanish tax paid, and the details differ by country, so check this before the sale, not after.
Sale-day checklist
- gather the purchase deed, proof of purchase taxes and invoices for improvements
- agree with the notary and the buyer who files Modelo 211 and when
- ask the gestor to estimate the final tax, so you know whether the 3% will cover it
- check the municipal plusvalía and who pays it under the contract
- plan the Modelo 210 filing and keep proof of every payment
- confirm how your home country treats the gain
FAQ
Is the 3% my final tax? No. It is an advance against a 19% tax on the net gain, so you may owe more or get a refund. Does the rate differ for EU and non-EU sellers? According to the Tax Agency's guide, no: 19% applies to all non-residents on property gains. Do I get inflation relief? No, the coefficients were abolished for sales from 2015. Can I use the over-65 exemption? The Agency's non-resident guide does not list it, so take advice before relying on it. Who files what? The buyer files Modelo 211 for the 3%, and you file Modelo 210 for the gain.
How we help
We walk sellers through the sale process, point you to a Spanish gestor or tax adviser for the calculation and filings, and tell you plainly what the numbers look like before you sign. This article is general information, not tax, legal or investment advice; rules and treaty positions change, so confirm every figure with a qualified tax adviser.