Selling property in Spain as a non-resident: capital gains, the 3% withholding and plusvalía
Most people buying in Spain are not thinking about selling it. It is worth understanding the exit anyway, because the tax treatment of a non-resident sale changes the number you actually walk away with, and it is far easier to plan for at the start than to discover at the notary.
The sale, in six stages
Appoint an agent and set a price
Sign the arras contract
Settle any existing mortgage
Complete before a notary
File the tax returns
Close utilities and services
Most of that will feel familiar from any country. The tax stages are where non-resident sellers get caught.
How the taxable gain is worked out
In simple terms: sale price, less acquisition value, less allowable costs.Acquisition value can include the purchase price plus the purchase taxes and transaction fees you paid at the time. Allowable selling costs can include agency fees, legal fees and qualifying improvement work, subject to the rules in force.Which is why records matter more than people expect. Every valid invoice you kept, from the notary bill in the year you bought to the kitchen you replaced in year six, potentially reduces the gain you are taxed on. Invoices you cannot produce do not count for anything.
The rate
Capital gains realised by non-residents on a Spanish property sale are taxed at 19%. Confirm the rate applying to your own circumstances and to the year of sale, because the position depends on the seller.
The 3% withholding, and what it is not
When the seller is a non-resident, the buyer generally withholds 3% of the gross sale price and pays it directly to the Agencia Tributaria using Modelo 211.This one trips people up, so it is worth being precise. The 3% is not a selling cost. It is a payment on account of your non-resident tax. If your actual liability is higher, you pay the balance. If it is lower, you can reclaim the difference.You then have four months from the date of transfer to file Modelo 210 and settle the position, whether that means paying the remainder or claiming a refund.
A worked example
An illustrative villa sale, bought in 2018 and sold in 2026.
Sale price | €380,000 |
Less acquisition cost | −€280,000 |
Less allowable selling costs (agency €15,200, legal and closing €2,000) | −€17,200 |
Taxable gain | €82,800 |
Tax on the gain at 19% | €15,732 |
Less 3% withheld by the buyer | −€11,400 |
Additional tax payable | €4,332 |
The seller here still owes €4,332 after the withholding. Anyone who assumed the 3% had settled the bill would be €4,332 short at exactly the wrong moment.
Plusvalía sits outside all of this
Plusvalía municipal is a separate local tax on the increase in the cadastral value of the land, charged by the municipality rather than by the state. It is not part of the capital gains calculation above and it does not appear anywhere in that table.The amount depends on the municipality, the land value and how long you held the property, so no figure can be given in advance. Since the 2021 reform, sellers can choose between two calculation methods, and the more favourable one is not always the obvious one. Confirm the calculation and the deadline with the local authority before you agree a net price with anybody.
The documents to have ready
Title deed (escritura), passports for all owners, NIE certificates, a recent IBI receipt, the energy performance certificate, the community payment certificate, recent utility bills, the occupancy certificate where required, mortgage cancellation documents, and the tourist licence if one exists.
Six mistakes that cost real money
Pricing the property without estimating capital gains tax first
Forgetting the 3% withholding exists
Leaving plusvalía out of the net proceeds
Arriving at the notary with documents missing
Proceeding without independent legal advice
Failing to settle or formally cancel an existing mortgage
The sixth matters more than it sounds. A mortgage that has been repaid is not automatically removed from the Land Registry, and a charge still sitting there will hold up a sale until it is formally cancelled.
The short version
Work out the tax before you set the price, not after. Keep every invoice from the day you buy. Treat the 3% as a deposit against the bill rather than the bill itself. And find out what plusvalía will cost in your municipality before you agree a net figure with a buyer.
Where Habeno fits. We are mortgage brokers, not tax advisers, estate agents or lawyers. Our part is the financing, which at this end of the journey means making sure an existing Spanish mortgage is properly settled and formally cancelled when you come to sell. Nothing here is personal tax or legal advice. Rates, allowable costs and filing rules change and vary by region, so confirm your own position with a qualified professional before you act on any of it.Want all six chapters? Download the Spain Guide 2026
Source tags
19% capital gains rate for non-residents, Modelo 210 filing within four months of transfer: Agencia Tributaria (AEAT)
3% withholding paid by the buyer via Modelo 211: Agencia Tributaria (AEAT)
Plusvalía, municipal tax on the increase in cadastral land value, two calculation methods since the 2021 reform: municipal authorities
Worked example, sales process, document list and common mistakes: Habeno Spain Guide 2026, chapter 05