Capital gain: evidence changes the result
The gain generally compares transfer and acquisition values adjusted for allowable costs, taxes, improvements and depreciation. Purchase deeds and invoices therefore matter.
For non-residents, the Spanish Tax Agency states a 19% rate on the gain calculated under IRNR rules. A resident seller is assessed within IRPF and needs a separate calculation.
Non-resident seller: the 3% withholding
The buyer withholds 3% of the agreed price, files Form 211 and gives a copy to the seller. The seller credits that amount against the tax ultimately due.
If the withholding exceeds the liability, a refund may be claimed; if it is lower, a balance remains.
- Based on price, not gain
- Paid by the buyer to the Treasury
- Seller needs the Form 211 copy
- A later return determines the outcome
Municipal plusvalÃa and property debts
Municipal plusvalÃa depends on the municipality, cadastral land value, holding period and permitted method. Request a calculation from the relevant council.
IBI, community fees, utilities and registered charges should be reconciled before completion.
Agency, mortgage and documents
Agency fees follow the signed mandate and should state tax and included services. Paying off a mortgage balance does not by itself remove the Land Registry charge.
Prepare energy certificate, title, cadastral information, receipts and planning documents before marketing.