Note
Taxes when buying property in Spain
Quick answer
A new home from the developer carries VAT and stamp duty on the deed. A resale carries the regional transfer tax. The base for resale is the higher of the reference value and the price, and the tax is paid after signing, usually within a regional deadline.
Applies toBuyers who want the whole tax picture before looking at a region or a type of home. Annual and selling taxes are in other sections.
On this page: 8 sections
§ 1Three taxes, two routes
There are two routes through the tax system, depending on who sells. If the developer sells a new home for the first time, the sale carries VAT, and the notarial deed carries stamp duty. If an earlier owner sells, the sale carries the regional transfer tax. The tax agency explains the dividing line, and it is the first thing to establish about any home you consider.
§ 2VAT on new homes
The rate of VAT on housing from a developer is 10%. It is added to the price, so a developer's price should say whether VAT is included. Stamp duty on the deed is charged as well, and it is set by the region.
§ 3Transfer tax on resale
The regional transfer tax applies to resale homes. Each region sets its own rate and reductions, which makes it the most variable part of the cost. The verified rate for each region is in the transfer tax chapter. The tax is calculated on a base that is the higher of the official reference value and the price, under the 2021 anti-fraud law, and a 2026 Constitutional Court judgment upheld the reference value.
§ 4Stamp duty on the deed
The notarial deed carries a stamp duty, set by each region, which applies on top of VAT for new homes. The rate in some regions is under review. The equivalent of stamp duty gives the details and the rates we have verified.
§ 5Timing
The tax is paid after signing. The registrars' guide gives 30 working days as the usual deadline, which varies by region. The registry will not complete registration until the tax has been dealt with, so the payment is part of securing your ownership.
§ 6Other taxes
Annual property taxes, non-resident income taxes, the tax on the increase in land value and the taxes on selling and inheritance are outside this page and have their own sections. They matter to a purchase because they decide the cost of owning, and you should read them before you commit.
§ 7Related reading
For the full list of costs around the taxes, see the cost side of buying and the less obvious costs.
To turn the rates into a figure, the usual percentage explains the limits of rules of thumb, and a worked example applies the verified rates to illustrative prices.
§ 8Questions for your adviser
Before you rely on any figure, ask your adviser four things. Which tax applies to this sale? What is the tax base, and has the reference value been checked? Do I qualify for a reduced rate? When is the payment due, and who files the return? Written answers become part of your file and let you compare quotes. They also show you whether the adviser knows the local rules, which matters more than any single rate.
FAQRelated questions
Do I pay both VAT and transfer tax?
No. A first sale of a new home by the developer carries VAT, and a home sold by an earlier owner carries the transfer tax. Which one applies to your purchase should be stated in the contract, so ask for it in writing.
Does the reference value matter?
Yes. For resale, the base is the higher of the official reference value and the price, so it can exceed what you pay. A Constitutional Court judgment in 2026 upheld the reference value, so assume it will be applied.
Who files and pays?
The buyer pays, usually through a lawyer or gestor who files the return. The registrars' guide gives 30 working days as the usual deadline after signing, which varies by region, and registration depends on the payment.
Sources
- Boletín Oficial del Estado: Ley 11/2021 de prevención y lucha contra el fraude fiscal (BOE-A-2021-11473) (official source, opens in a new window), Reference value as ITP tax baseLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
- Agencia Tributaria: Compro una vivienda: ¿tengo que pagar IVA o ITP? (official source, opens in a new window), Calificación IVA / ITPLast checked 17 October 2026
- Boletín Oficial del Estado: Sentencia del Tribunal Constitucional 13/2026, de 12 de febrero (BOE-A-2026-6480) (official source, opens in a new window), Reference value (valor de referencia)Last checked 17 October 2026
Tax note. Rates depend on the region, the type of property and the buyer, and they change. Figures here are dated and sourced; examples are illustrative and show their assumptions. Confirm yours with the regional tax agency or a tax adviser.