Sales Taxes and Fees

When a property is sold in Spain, although buyers pay most of the costs, sellers are also liable for a number of taxes and fees.

As a seller of a property without a mortgage, you are liable for 2 taxes – Plusvalía and Impuesto sobre la Renta (Income Tax)

Sellers have to pay taxes and costs, depending on:

period of ownership
increases in value over the period
your tax resident status
income during the year you sell

Plusvalía (Municipal capital gains tax)

This is levied by the local Town Council on the presumed increase in the value of the land on which your property stands. It is calculated on the rise in rateable value over the period of ownership. The longer you own a property, the more you pay. But, based on a recent ruling by Spain’s Constitutional Court, if you make no gain, you should no longer be liable for tax. You have 30 days from completion to pay any taxes due. For non-resident individuals, the buyer will retain tax due, as he or she will be liable in case of non-payment.

To obtain an estimate of your local plus valia follow the steps below:

Go to this tool at prpmalaga.es
Change to english languange and press “Continue”
Enter your data this way:
1. Municipio: select town where property is located
2. Tipo de transmisión (type of transaction): select “compraventa” (sale)
3. Fecha prevista de presentación de la autoliquidación (expected date for presenting plusvalia tax): indicate a date that is later than point by maximum 20 days
4. Fecha de transmisión (date of transfer/deed): indicate an estimated date for signing the deed
5. Fecha de la anterior transmisión (date of previous transfer/deed): indicate the exact date you purchased the property
6. Número fijo (Matrícula): put the 8 digit number that appears on your IBI receipt under the name of “Matrícula“

IMPUESTO SOBRE LA RENTA – GANANCIAS DE CAPITAL (CAPITAL GAIN TAX)

This is levied by the Spanish Tax Agency on any income earned during a fiscal year. It is calculated on the difference between purchase prices (plus costs and taxes) and sale prices (minus costs and taxes) as a capital gains tax, and levied according to your tax residency status.

Non Residents

Origin country	Tax
From EU	19%
Non EU	19%

Residents

Capital Gain	Tax
0 – 6,000€ gain	19%
6.000€ – 50.000€	21%
50.000€+	23%
Residents over 65 who sell a primary residence are exempt from tax.	0%
Residents under 65 who sell a primary residence and reinvest in another Spanish property as a primary residence within three years are exempt from tax on the amount reinvested.	0%

When buying from a non-resident seller, buyers are required to retain 3% of the sale price to pay to the Spanish Tax Agency on the seller’s behalf.

Mortgage cancellation fees

If your property is mortgaged and the loan will be paid off on sale, any costs are normally paid by the seller.

Miscellaneous costs

If your property is owned by a company, especially one domiciled offshore, calculate the costs of dissolution, taking into account any tax due on the difference between book and sales values.
If you intend to sell a company, work out how much corporation tax you will be liable to pay.
If you have inherited property in Spain, consult a lawyer to work out how much tax you will be required to pay and how to transfer title to your name.
The buyer normally pays all other costs, but sellers should stipulate in the private purchase contract that the buyer pays notary fees or, if not, you will be liable for 80% of these costs.
Sellers should inform the Cadastre (Catastro) and, if applicable, the community that they have sold a property, so that they are no longer liable for any taxes or fees.
Sellers should cancel direct debits arranged for the payment of utility bills.