PROPERTY TAXATION · EU RESIDENTS
Tax when selling property in Spain
The amount received at completion is not always the final net sale proceeds. We prepare the Spanish calculation and the filings required after the transfer.
THE STEPS INVOLVED
From initial review
to practical completion.
Reconstructing acquisition costs
We collect the original deed, taxes, fees and documented improvements. Their treatment depends on the applicable rules; routine maintenance is not automatically a capital improvement.
Discuss your situationCalculating the gain
Acquisition and disposal figures must be supported by documents. A previous inheritance or gift may affect the starting values used in the calculation.
Discuss your situationFollowing up non-resident retention
Where the seller is non-resident, the applicable retention and its payment evidence should be included in the completion file. The final return establishes any additional tax or appropriate refund.
Discuss your situationMunicipal tax
Municipal plusvalía is a separate issue. We examine the relevant urban land information, calculation and municipal formalities for the sale.
Discuss your situationINITIAL DOCUMENTS
A clear starting point
for your case.
You do not need a complete file to get started. After an initial review, we explain which documents are still needed.
- Acquisition and sale deeds
- Acquisition taxes and fees
- Documented improvement costs
- Retention certificate and IBI information
EU RESIDENTS AND SPAIN
For clients resident in the EU
Your country of residence, nationality and family circumstances may point to different legal and tax requirements. We establish the facts and coordinate your Spanish matter with the relevant advisers.
- If you are tax resident in Spain, Spanish resident income-tax rules may apply. Residence in another EU country does not make you Spanish tax resident.
- For a non-resident Spanish property owner, confirm the country of tax residence and obtain supporting evidence before assessing the applicable rates and deductions.
- Keep Spanish rental statements, expenses and purchase documents for coordination with your home-country adviser under the relevant treaty.
- Review every owner’s position separately: sharing a property does not mean sharing the same residence status or tax return.
FREQUENTLY ASKED QUESTIONS
What you may want
to know before acting.
Is the gain simply the difference between two prices?
Not always. The relevant valuation rules and qualifying costs or improvements need to be considered.
Can an excessive retention be refunded?
A refund can be requested where the final calculation supports it, subject to the required return and evidence.
Is municipal plusvalía the same as income-tax capital gains?
No. They are distinct taxes with different calculation and filing requirements.
What if I am resident in Spain itself?
Spain is in the EU, but a Spanish tax resident is not treated as a Spanish non-resident. Tell us your actual country of tax residence so we can identify the appropriate returns.
Will you work with my adviser abroad?
Yes, where appropriate and with your agreement. We coordinate the Spanish documents and steps with your own qualified adviser, who remains responsible for advice and filings in their jurisdiction.
LET’S DISCUSS YOUR CASE
Would you like us to review your situation?
Tell us about your plans or concerns. We will connect you with the appropriate specialist in our team in Spain.
Send us your question through the contact form. We will connect you with the right specialist.
Go to the contact formThis is general information, to be applied to your circumstances and the rules in force. Sirejacob Legal & Tax advises on your matter in Spain. Foreign law and overseas filings are handled, where needed, with your own qualified adviser.