Not 24%. Not a sliding scale. Whether you sell from Germany, the UK or the US, Spanish capital gains tax on the profit from a property sale is a flat 19% — the 24% figure that circulates widely applies to a different kind of income entirely.
A flat 19 per cent on the net gain — for every non-resident, EU or non-EU, not the 24 per cent widely quoted for other income types. The gain is sale price minus acquisition price minus allowable costs on both sides (notary, registry, agency fees, the transfer tax or VAT originally paid, documented improvements). At completion the buyer withholds 3 per cent of the sale price and pays it directly to the tax office (Modelo 211) as an advance; the seller then files Modelo 210 within four months, settling the balance or reclaiming the difference. A separate local tax, the Plusvalía Municipal, can fall due on the same sale — it is not the same tax and is not included in the 19 per cent.
The Impuesto sobre la Renta de No Residentes (IRNR) sets two headline rates: 19% and 24%. The 24% rate applies to the general category of Spanish-source income for non-EU/non-EEA residents — rental income being the most common example. Capital gains arising from the transfer of an asset, including a property sale, sit in a separate category of the same law and are taxed at a flat 19% for all non-residents, EU and non-EU alike. This distinction is frequently blurred, including on some professional guide sites — worth checking whichever adviser quotes you a rate.
Monthly instalment, total cost and equity requirement for your exact figures.
Mortgage calculator →The buyer is legally obliged to retain 3% of the agreed sale price and pay it directly to the Spanish Tax Agency at the notary, within roughly one month of completion. This is not your final bill — it's collateral against it.
You calculate the actual gain at 19% and file separately. If the 3% withheld is more than you owe, you reclaim the difference; if it's less, you pay the balance. Either way, the withholding and your final liability are two different numbers.
The 19% is charged on the net gain, not the sale price: sale price minus acquisition price, minus allowable costs on both sides of the transaction — notary and registry fees, agency commission, the transfer tax or VAT you originally paid when buying, and documented improvement works (not routine maintenance). Getting this deduction list right materially changes the tax due, and it's worth having it reviewed before completion, not after.
Many sellers assume the capital gains tax is the only tax due on a sale — it isn't. The Plusvalía Municipal is a local tax, charged by the town hall on the increase in the official cadastral land value since the last transfer of the property, independent of whether you made an actual profit. It is calculated and paid separately from the 19% IRNR capital gains tax, and both can fall due on the same sale.
Whether you're releasing equity for the next purchase or simply selling: we'll walk through the actual numbers with you before you commit to a completion date.
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