Residential Málaga spreading toward the mountains, for non-residents selling Spanish property

Selling property in Spain as a foreigner: the 3% withholding, the 19% gain, the plusvalía.

Selling in Spain. The 3%. The 19%. Brinkman Data brand card.

// Short answer

When a non-resident sells Spanish property, the buyer withholds 3% of the agreed price and pays it to the tax office on Modelo 211 within one month. The seller files Modelo 210 on the gain, taxed at 19% for all non-residents, and reclaims any excess. The municipal plusvalía tax on the land value is due separately. No approval is needed to take the proceeds out.

Rules and rates as of September 2026. Purchase tax is set by each region and a proposed tax on non-EU buyers is pending, so check the dated items again before you sign. Every figure links to its source.

How much tax does a non-resident pay on selling Spanish property?

19% on the gain, for EU and non-EU non-residents alike. The gain is the sale value net of the seller's costs, minus the acquisition value, which includes the price, improvements and the purchase costs and taxes paid. Keep the purchase deed and the tax receipts: they reduce the gain.

EU/EEA residents selling their Spanish habitual residence may exclude the gain if they reinvest the full proceeds in a new habitual residence. That does not apply to a holiday or investment property.

What is the 3% withholding when a non-resident sells in Spain?

The buyer must withhold 3% of the agreed price and pay it to the Treasury on Modelo 211 within one month of the transfer. It is a payment on account of the seller's tax, not the final tax. The seller then files Modelo 210 within three months after that one-month period.

If the 3% exceeds the tax due on the gain, the excess is refundable. If the gain is larger, the seller pays the difference with the return.

What is the plusvalía tax on a Spanish sale?

A municipal tax on the increase in value of the urban land (IIVTNU), due on a sale and separate from non-resident income tax. Each municipality sets the rate, up to a maximum of 30%. Confirm with your notary who pays it in your sale.

The base is calculated under the local finance law (arts. 104 to 108). Ask the town hall or your notary for the figure before you agree the price.

What do you need to sell property in Spain as a non-resident?

Your NIE, the registered title, a public deed signed before a notary, and the tax filings: the buyer's Modelo 211 and your own Modelo 210 on the gain. The notarial deed and its registration protect the buyer, which is what makes your property saleable.

A buyer will check the Registry extract (nota simple) before signing. See the nota simple and the NIE, explained.

Can a foreigner take the sale money out of Spain?

Yes. The liquidation of foreign investment is liberalised under Real Decreto 664/1999, so no approval is needed to take proceeds out. The friction is tax: the 3% withheld until your return is settled. Cash of EUR 10,000 or more carried out of Spain must be declared.

Detail: transferring money to Spain for a property.

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Frequently Asked Questions

What is the capital gains tax rate on Spanish property for non-residents?
19% on the gain, for both EU and non-EU non-residents.
Does the buyer really withhold 3% of the price in Spain?
Yes. On a purchase from a non-resident, the buyer withholds 3% and pays it to the tax office on Modelo 211 within one month.
Can I get the 3% back?
Yes, the part that exceeds the tax due on your gain, after you file Modelo 210.
Is plusvalía the same as capital gains tax?
No. Plusvalía is a separate municipal tax on the rise in value of the urban land. Capital gains tax is non-resident income tax on your whole gain.

Header photo: Krijn van Putten, CC BY 2.0, via Wikimedia Commons. All credits: image credits.

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Disclaimer

Brinkman Data Analytics is an independent research service. Not financial, investment, tax, or legal advice. All yield figures are estimates based on historical research data and are not guaranteed. International real estate carries risk of partial or total loss of capital.