Spanish capital gains tax: Capital gains tax Spain – how much do non-resident sellers pay?
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.
Capital gains tax on property in Spain for non-residents: does it differ for EU and non-EU sellers?
Capital gains tax in Spain is a flat 19 % on the net gain for every non-resident seller, EU or non-EU. The 24 % rate applies to other income, not to capital gains. At completion the buyer withholds 3 % of the price as an advance, and you settle the balance with Modelo 210.
Why "24% for non-EU sellers" is the wrong number here
The 24% figure is the general IRNR rate for other income like rent, not capital gains. All non-residents, EU and non-EU, pay 19% on the sale of Spanish property.
- 19% for every non-resident seller: 19% for all non-residents, EU and non-EU, on the sale of Spanish property. The 24% figure is the general IRNR rate for other income (like rent), not capital gains.
- 3% withheld at completion, settled via Modelo 210: An advance payment, not the tax itself: the buyer withholds 3% of the price at completion (Modelo 211). Your actual bill is 19% on the net gain — you reclaim or top up the difference via Modelo 210.
- Plusvalía Municipal is a separate local tax: It is a separate local tax on the rise in official land value, charged regardless of your actual profit. Both can be due on the same sale.
Capital gains tax Spain: how much do I pay when selling as a non-resident? Capital gains tax in Spain is 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.
Selling property in Spain: taxes, and the 3% withholding that is only an advance payment
The buyer withholds 3% of the agreed sale price at completion (Modelo 211). You then file Modelo 210, calculate the actual gain at 19% and reclaim the difference or pay the balance.
Buyer withholds 3% (Modelo 211) (At completion): 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.
Seller files Modelo 210 (Within 4 months): 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.
How the taxable gain is calculated
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.
A separate tax with a similar name: Plusvalía Municipal
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.
Related: Purchase costs Spain & Portugal at a glance · all info pages
Taxes on selling property in Spain: what is due at completion and afterwards
At completion the buyer withholds 3 % of the agreed sale price and pays it to the Spanish Tax Agency (Modelo 211), but this is only an advance, not your final bill. Within four months you file Modelo 210, calculate the actual tax at 19 % on the net gain and reclaim or pay the difference. The Plusvalía Municipal is a separate local tax that can fall due on the same sale.
Capital gains tax for non-residents in Spain: the 19% rule in brief: Non-residents pay a flat 19 % on the net gain from selling Spanish property, whether they come from the EU or not. The gain is the sale price minus the acquisition price minus allowable costs on both sides. The 24 % figure belongs to other Spanish-source income such as rent, not to capital gains.
Frequently asked questions
Is the Plusvalía Municipal the same as the capital gains tax?
No, the Plusvalía Municipal is a separate local tax. The town hall charges it on the increase in the official cadastral land value since the last transfer, independent of whether you made an actual profit. It is paid separately from the 19 % IRNR capital gains tax, and both can fall due on the same sale.
Is the rate really 19%, or 24% like some sites say?
19% — for all non-residents, EU and non-EU alike, on the sale of Spanish property. The 24% figure is the general IRNR rate for other Spanish-source income (such as rental income), not for capital gains on a property transfer. Many guide sites conflate the two.
What is the 3% withholding, and is it the same as the tax itself?
No — it's an advance payment. The buyer is legally required to withhold 3% of the agreed sale price and pay it directly to the Spanish Tax Agency (Modelo 211) at completion. Your actual tax bill is calculated separately on the net gain at 19%. If the withholding exceeds what you owe, you reclaim the difference; if it falls short, you pay the balance.
How is the taxable gain calculated?
Sale price minus acquisition price, minus allowable acquisition and disposal costs (notary, registry, agency fees, ITP/AJD or VAT originally paid, proven improvement works). The 19% applies to that net figure, not to the sale price.
What is the deadline for filing?
Modelo 210 must be filed within four months of the date of the notarial deed (escritura). If the deed was signed on 15 March, the filing deadline is 15 July.
Is this the same as the Plusvalía Municipal?
No — a separate, additional tax. The Plusvalía Municipal is a local tax on the increase in the official land value since the last transfer, charged by the town hall regardless of whether you made a profit on paper. Capital gains tax under IRNR is a national tax on your actual financial gain. Both can be due on the same sale.
Can I avoid the tax by reinvesting in another property?
Not as a non-resident. The reinvestment exemption for a principal residence requires the replacement property to also be your Spanish tax-resident main home — which by definition contradicts non-resident status. This route is only open to Spanish tax residents.
Selling in Spain? Get the tax and the financing picture together.
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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Content by Siegfried Perini — local brand representative since 2019, active in real estate since 1992, entered in the German intermediary register (§ 11a GewO) as a person directly involved in brokerage and advice. Point of contact for German-speaking buyers in Spain and Portugal. Brokerage by Olga Nikushkina, mortgage credit intermediary under § 34i German Trade Regulation (GewO); in Portugal through a locally licensed intermediary.