PropertinspainBuying in Spain from abroad

Note

The three per cent retention when buying from a non-resident

By Inés Arroyo VidalReviewed by Marta Calderón IbáñezPublished Updated Stage 2: Budget and money

Quick answer

When a non-resident without a permanent establishment sells Spanish property, the buyer must withhold 3% of the agreed consideration and pay it on model 211 within one month of the transfer. It is an advance on the seller’s tax, not an extra cost for the buyer.

Applies toBuyers purchasing from a non-resident and non-resident sellers. It does not cover the calculation of the final tax.

On this page: 8 sections
  1. The rule
  2. Why it exists
  3. The deadline
  4. How it works at the notary
  5. What the seller does next
  6. Risks to avoid
  7. Municipal tax and other costs
  8. Related pages
Checked 26 October 2026by Marta Calderón Ibáñez. Claims on this page are tied to the sources listed at the end.
Gain rates not printedWe have verified the buyer’s withholding and the filing windows for a non-resident seller. We have not verified the rate of tax on the gain itself, so none is printed. Ask an adviser to calculate the gain for your sale.

§ 1The rule

When a non-resident without a permanent establishment sells real estate in Spain, the buyer is obliged to withhold a percentage of the agreed consideration and pay it to the tax agency. The percentage is 3%. It applies whether the buyer is a resident or a non-resident, and whether the buyer is an individual or a company. The tax agency's instructions for model 211 state the rule. The chapter on the whole subject is capital gains tax on a sale for buyers.

§ 2Why it exists

The payment is an advance on the tax that the non-resident seller will owe on the gain. The agency collects part of the tax before the seller leaves the country, which is easier than chasing a seller who lives abroad. The seller still has to file the final return, and the advance is credited against it.

§ 3The deadline

The buyer pays the amount within one month of the date of the transfer of the property, which in practice is the date of the deed. The seller's own return for the gain follows a different calendar: within three months, after a wait of one month from the transfer. Because the buyer's date is earlier, the buyer's lawyer or gestor normally files model 211 soon after the signing.

§ 4How it works at the notary

The usual method is for the buyer to pay the seller the price less the withholding and to pay the withholding to the agency. The lawyer prepares the figures before the deed, and the closing statement shows the split. Some buyers pay the withholding by a bank cheque delivered at the notary, and others transfer it after the deed. Whatever the method, keep the proof of payment, since the seller will ask for it to file the return.

§ 5What the seller does next

The seller files model 210 for the gain and credits the advance. If the tax on the gain is lower than the advance, the difference is claimed through the return. If it is higher, the seller pays the rest. The seller should ask the buyer for the copy of model 211 and the proof of payment, which are the documents the adviser needs.

§ 6Risks to avoid

For the buyer, the risk is paying the whole price to the seller and forgetting the withholding. For the seller, the risk is a delay in the buyer's payment, which can complicate the return. Both are avoided by agreeing the mechanism in the contract and in the closing statement before the day of the deed.

§ 7Municipal tax and other costs

The municipal tax on the rise in land value is separate, and where the seller is an individual who is not resident, the buyer can be required to pay it as a substitute taxpayer. That rule is explained in the plusvalía section. Ask your lawyer to handle both on the same day.

More on the over-65 exemption explains the exemption for sellers over sixty-five, and more on reinvestment relief explains the relief for reinvesting in a main home.

FAQRelated questions

Is the withholding an extra cost for me as a buyer?

No. It is part of the price, kept back from the seller and paid to the tax agency. The seller receives less cash at closing, but the price you pay does not change. Ask your lawyer to show it in the closing statement.

What happens if the buyer forgets?

The agency’s instructions say buyers are obliged to withhold and pay. A buyer who does not may face liability and penalties, so arrange the payment at the time of the deed and keep the receipt. Ask your lawyer to confirm the consequences for your case.

Can the seller get the money back?

The payment is an advance, so the seller settles the final tax on the return. If the advance is more than the tax, the excess can be claimed through the return. Ask the adviser who files the seller’s model 210.

Sources

About this page

Written by

Inés Arroyo Vidal

Writer, taxes, legal steps and money

Inés writes the chapters on taxes, the legal process, mortgages and money, renting, owning and selling. She works from the laws and the official pages that apply them, quotes the section she relied on and says plainly what she could not confirm. She is not a lawyer or tax adviser.

Reviewed by Marta Calderón Ibáñez, chief editor and source editor, 26 October 2026. Checked: Figures and rules checked against the official texts listed in the sources

Found an error? Report it. Each report gets a dated reply, and confirmed corrections are logged on the updates page.

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.