Chapter
Buying property in Spain as an Australian
Quick answer
Australians can buy property in Spain by the same process as other foreigners. As non-EU non-residents they pay the higher rate on property income, and visits follow the short-stay rule. Spain appears in the Australian Taxation Office list of countries with a tax treaty with Australia.
Applies toAustralian citizens and residents who are buying or own a home in Spain.
On this page: 14 sections
§ 1Buying
Australians buy in Spain by the same process as any foreigner, explained in the buying-process and legal-process sections. They need a NIE, an independent lawyer, the checks, the deed and registration. As non-EU buyers, they should check whether a property lies in a restricted zone, as the chapter for non-EU buyers explains.
§ 2Taxes in Spain
An Australian who lives in Australia is a non-resident of Spain for tax. The tax agency states that the rate on property income is 19% for residents of the EU, Iceland, Norway and Liechtenstein, and 24% for all other non-resident taxpayers. Australia is outside the first group. The costs section explains the returns, the purchase taxes and the retention on a sale.
§ 3The treaty
The Australian Taxation Office lists Spain among the countries and jurisdictions that have a tax treaty with Australia. The Australia-Spain tax treaty explains what to read and what to ask. We did not read the text, and we do not state its terms.
§ 4Stays
Australian visitors are bound by the short-stay rule. The European Commission states it as a maximum of 90 days in any 180-day period across the Schengen area. Keep a log and test your plans on the Commission’s calculator. The residency section explains the count and the routes to a longer stay.
§ 5Time zones and distance
Buying from Australia means long distances and time differences. A power of attorney to your independent lawyer is common, and the legal-process section explains how to limit it. Plan the signing and the transfer of funds early, and confirm any change of account details by phone.
§ 6Australian tax
An Australian resident may also have Australian tax on rental income or on a gain from selling the Spanish home. We do not set out Australian tax rules, which are for an Australian adviser. Ask for relief for Spanish tax paid.
§ 7Paying from Australia
Funds move from Australia to a Spanish account, usually in euro. Ask your bank for its rate and its fees, and compare them with a specialist transfer firm that is authorised in your country. Keep statements that show where the money came from, since Spanish banks and notaries ask about the source of funds. Start early, because a transfer that stalls near the signing date can put the deposit at risk.
§ 8Living between two seasons
Many Australian owners use the home in the northern summer. The short-stay limit means a long season needs planning or a visa. The residency section explains the routes, and the days you spend in Spain also matter for Spanish tax residence.
§ 9Owning for the long term
Yearly returns continue while you own the home, a sale brings its own taxes and a retention, and an inheritance follows Spanish rules for property in Spain. A Spanish will limited to the Spanish estate is common, and the legal-process section explains why. Review these points when your family or plans change.
§ 10Practical steps
Appoint a lawyer in Spain and an adviser in Australia. Keep records in euro and Australian dollars. Plan your days. And buy for reasons that make sense without a visa.
§ 11Keeping the file
Keep one folder with the deed, the Spanish returns, the receipts, the exchange rates and a log of your days. Your advisers in both countries will ask for the same documents each year, and they are also the proof of cost if you sell.
§ 12Reviewing as plans change
Revisit the position when your family, your income or your plans for time in Spain change. A new residence, a sale or a death can alter the tax and the legal steps, and early advice costs less than a correction.
§ 13Back to the section
Buying by nationality explained explains how buying differs by nationality.
§ 14Other chapters in this section
What to know about British buyers explains buying as a British citizen since Brexit and what to know about American buyers explains buying as a US citizen, including US reporting.
The rules on Canadian buyers explains buying as a Canadian and what changes for EU and EEA buyers explains buying as an EU or EEA citizen.
What changes for non-EU buyers explains the rules that differ for non-EU buyers.
FAQRelated questions
Can Australians buy property in Spain?
Yes. The process is the same as for any foreigner: NIE, independent lawyer, checks, deed and registration. Properties in restricted zones may need military authorisation for non-EU buyers, which your lawyer checks.
Is there a tax treaty?
Yes, according to the ATO list of treaty partners. Its articles were not reviewed here, so have an adviser point you to the ones on rent and sale gains.
How long can I stay?
As a visitor, up to the short-stay limit across the Schengen area, on a rolling count. A home does not extend it. Longer stays need a visa or permit, which the residency section explains.
Sources
- Australian Taxation Office: Countries and other jurisdictions that have a tax treaty with Australia (official source, opens in a new window), Treaty listLast checked 17 October 2026
- Agencia Tributaria: Rental income of non-residents: specific questions on property (official source, opens in a new window), Rates, gross base, deductible expenses, imputed income for unlet monthsLast checked 17 October 2026
- Boletín Oficial del Estado: Real Decreto 689/1978, Reglamento de la Ley 8/1975 (official source, opens in a new window), Articles 32, 37, 40, 41, 79 to 82Last checked 17 October 2026
- European Commission: Short-stay calculator (official source, opens in a new window), The 90/180 ruleLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.