Picture the moment you sign at the notary. The price is agreed, the buyer is ready — and yet only 97% of the money reaches you. If you live abroad, that missing slice is normal, and it is the main thing that makes selling property in Spain as a non-resident different from selling as a local. Once you understand the handful of rules that follow, there are no surprises on the day.
First, are you really a non-resident?
For Spanish tax, this is about where you live, not the passport you hold. If you spend fewer than 183 days a year in Spain and your working life is based elsewhere, you are a non-resident. It makes no difference whether you are British, German, American or Scandinavian, or how long you have owned the property — if you live abroad when you sell, the rules below apply to you.
The 3% that goes straight to the tax office
When the seller is a non-resident, the buyer has to withhold 3% of the agreed price and pay it directly to the Spanish tax agency, usually within a month of completion. That is why you receive 97% at the notary rather than the full amount.
It is worth being clear about what this is, because it worries a lot of sellers unnecessarily: the 3% is not a tax in itself. Think of it as a deposit against the capital gains you may owe on the sale — a way for Spain to collect something before a foreign owner leaves the country. The buyer files it on a form called Modelo 211 and hands you a stamped copy. Keep that copy safe; you cannot reclaim anything later without it.
Modelo 210: settling your actual bill
Once the 3% is paid, the next move is yours. You have four months from the sale to file your own return, Modelo 210, which declares the real gain or loss. What happens next depends on the numbers:
- If your actual tax is lower than the 3% withheld, you claim the difference back.
- If it is higher, you pay the balance when you file.
- If you sold at a loss, you file to recover the whole 3%.
This is the step people most often forget, and forgetting it is expensive: miss the four-month deadline and the 3% is effectively lost. If a refund is due to you, be patient — it typically takes six to twelve months to arrive.
How much capital gains tax you’ll pay
If you are resident in the EU or EEA, you pay a flat 19% on the gain — the profit, not the sale price. The gain is broadly what you sold for, less what you paid, less allowable costs. One thing to know in advance: the exemptions Spanish residents enjoy, such as the over-65 and reinvestment reliefs, generally do not apply to non-residents. EU/EEA sellers may have a narrow route to reinvestment relief under EU law, but it is a grey area worth taking advice on rather than assuming. Our guide to capital gains tax on property in Spain sets out the calculation in full.
Plusvalía: the second, separate tax
Capital gains tax is national. Plusvalía municipal is a separate, local tax on how much the land under your property rose in value while you owned it, paid to the town hall. The deadline here is tight — 30 days from signing — and since a 2021 reform you can choose whichever of two calculation methods costs you less. We explain it in our guide to plusvalía municipal in Valencia.
Check your NIE is still active
Your NIE number does not expire, but to sell it needs to be active and correctly linked to the tax agency. If you have not used it for years, your lawyer may need to reactivate it before the notary appointment. It is a small thing, but worth checking early so it does not hold up the sale.
How the sale unfolds
In practice, the process is as follows: gather your documents before listing the property; agree on the terms and sign the Earnest Money Contract (contrato de arras), under which you will typically receive a 10% deposit directly from the buyer; complete the sale before a notary, where you receive the remaining 87% of the purchase price while the remaining 3% is withheld; pay the plusvalía tax within 30 days; file Modelo 210 within four months; and then wait for any applicable refund. Most sellers appoint a lawyer or fiscal representative to handle the withholding, the plusvalía payment, and the filing of Modelo 210 on their behalf.
Bringing the bill down, legitimately
You can reduce the taxable gain by deducting documented costs: the notary and agency fees you paid when buying, the commission and plusvalía on the sale, and the cost of genuine improvements — a new kitchen counts, routine repairs do not. The rule is simply that you need the invoices to prove them, so keep every receipt from the day you buy.
Will you be taxed twice?
Almost certainly not. Under Spain’s double taxation agreements, Spain taxes the Spanish-property gain first, and your home country usually credits that tax against any bill of its own, so the same profit is not taxed in full on both sides. Keep your Spanish filing receipts for your home tax return.
Thinking of selling? YES Valencia works primarily with international buyers and handles expat sales from start to finish. List your property with us and we will guide you through each step.
This is general information, not tax or legal advice. Figures are current for 2026 but rules change and individual cases differ — confirm your position with a qualified Spanish tax adviser before selling.
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