Chapter
Capital gains tax when selling property in Spain
Quick answer
A seller is taxed on the gain. If the seller is a non-resident, the buyer must withhold 3% and pay it within one month as an advance on the seller’s tax, and the seller files model 210 within three months after a one-month wait. Residents have reliefs, and the plusvalía is a separate tax.
Applies toOwners planning to sell, and buyers who purchase from a non-resident. It does not give a rate for the gain, which we could not verify.
This area of Spanish law is complex. We could not open the legal text behind the point below in full on the official site, so we state it as it is generally understood and have not checked it word for word. Before you rely on it, ask an independent Spanish lawyer who acts for you to confirm it for your case.
- Reinvesting the proceeds of the sale of a habitual home in a new habitual home can exempt the gain, in proportion to the amount reinvested (personal income tax manual).
On this page: 9 sections
§ 1Two taxes on a sale, and a third
A sale of a home in Spain can trigger three charges. The seller owes tax on the gain, which is the profit between what the property cost and what it sold for. The municipal tax on the rise in land value, covered in more on plusvalía, is charged by the town. And if the seller is not resident in Spain, the buyer must withhold part of the price and pay it to the tax agency as an advance. The first and the third are tax questions and come first below. The costs that the seller also meets are described in more on professional fees.
§ 2The gain
The gain is the difference between the value at which the property is sold and the value at which it was acquired, adjusted by the costs the law allows. The rules on the adjustment are detailed, and we do not reproduce them. What matters for planning is that the gain is a calculation on documents: the deed of purchase, the deed of sale and the receipts of the costs of both. Keep them together. The tax on the gain has its own rate, and we could not verify it, so ask your adviser to calculate it before you agree a price.
§ 3If the seller is a non-resident
The buyer must withhold 3% of the agreed price and pay it to the tax agency within one month of the date of transfer, on model 211. The payment is an advance on the tax the seller later owes. The seller files model 210 for the gain within three months, after a wait of one month from the transfer. The withholding is explained in the three per cent retention, and the annual returns of the same owner are explained in an overview of non-resident taxes.
§ 4If the seller is a resident
A resident is taxed on the gain under the personal income tax and files it with the yearly return. Two reliefs exist for the sale of a main home, and the agency describes both in its manual for residents. The over-65 exemption explains the exemption for sellers over sixty-five, and reinvestment relief explains the relief for reinvesting the proceeds in a new main home. A holiday home is not a main home, so neither relief applies to it.
§ 5Buyers have a duty too
A buyer who purchases from a non-resident is the one who withholds, and the agency's instructions say that buyers are obliged to withhold and pay the percentage. A buyer who does not withhold takes a risk. Ask your lawyer to arrange the withholding at the notary, and ask for proof of payment.
§ 6The other costs of selling
The seller meets the municipal tax, the agent's fee if there is one and, depending on the contract, some of the costs of the deed. The costs of the purchase, such as the transfer tax paid by the buyer, are described in more on the resale transfer tax and more on the costs of buying.
The yearly bills that the seller must have paid up to the date of sale are in the chapter on yearly property taxes.
§ 7Related taxes in other sections
The tax on a new home bought from a developer is described in more on taxes on new builds. If you are giving a home away, not selling it, the tax is described in what to know about inheritance and gift tax.
The whole section is introduced in the chapter on costs and taxes.
§ 8Timing the sale
The order of events matters. The buyer's withholding is due soon after the deed, the seller's return follows after a wait, and the town's tax has its own period. Put the three dates on one calendar before you agree the date of the deed, and tell your adviser the date as soon as it is fixed. A seller who lives abroad should also arrange for someone in Spain to receive letters from the tax agency and the town hall.
§ 9A checklist for sellers
Gather the deed of purchase, the receipts of the costs, the cadastral certificate and your tax residence. Ask the town hall for the plusvalía figure. Ask the buyer's lawyer how the withholding will be handled. Ask your adviser for the gain, the tax and the filing date. Set the reminder for the window that opens one month after the sale.
FAQRelated questions
Who pays tax when a non-resident sells?
The seller owes it. Separately, a buyer purchasing from a non-resident holds back part of the price for the tax agency as a prepayment, and the seller later reconciles the final figure on the return, recovering any surplus.
Is the plusvalía the same thing?
No. The plusvalía is a municipal tax on the rise in value of the land, charged by the town. The capital gains tax is a state tax on your profit. A sale can trigger both, and each has its own return.
Do the reliefs apply to everyone?
No. The over-sixty-five exemption and the reinvestment relief are described in the agency’s manual for residents. Whether a non-resident can use them is not stated on the pages we read, so ask an adviser before you plan around either.
Sources
- Agencia Tributaria: IRNR without permanent establishment: model and filing period (official source, opens in a new window), Deadlines by type of income (page updated 2 October 2026)Last checked 17 October 2026
- Agencia Tributaria: Sale of the habitual home by people over 65 (official source, opens in a new window), Personal income tax exemptionLast checked 17 October 2026
- Agencia Tributaria: Modelo 210: IRNR without permanent establishment (official source, opens in a new window), What the form declaresLast checked 17 October 2026
- Agencia Tributaria: Modelo 211: instructions (withholding on purchase of property from a non-resident) (official source, opens in a new window), Who files, the retention and the deadlineLast checked 17 October 2026
- Agencia Tributaria: Sale of the habitual home and reinvestment: amount (official source, opens in a new window), Personal income tax manual, 2025Last 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.