Published · 4 November 2026
Selling a Property in Spain as a Non-Resident: Tax and the 3% Refund
The 3% withheld is not necessarily the final tax on the sale. We explain what non-resident sellers need to review in order to calculate their tax and, where applicable, claim a refund of the excess withheld.
If you sell a property in Spain and you are not tax resident there, it is worth organising the tax position before signing.
One of the main questions is what happens to the 3% of the price that the buyer withholds. That amount is a payment on account: it may turn out to be higher or lower than the tax actually due on the transaction.
At MH Legal & Seguros we explain the main checks for individual non-resident sellers without a permanent establishment in Spain.
The 3% withheld is not the final tax
In transactions subject to this obligation, the buyer must withhold and pay 3% of the agreed consideration as a payment on account of the tax due from the non-resident seller. The payment is made with form 211.
The seller must then calculate the tax result of the sale and file a return.
Keep these two concepts apart:
- Withholding: an advance calculated on the price.
- Tax on the sale: the amount determined by the gain and the applicable rules.
A refund is not automatic and need not cover everything withheld.
The Spanish tax agency describes the 3% withholding on the agreed consideration as a payment on account of the non-resident seller’s tax, paid with form 211.
AEAT: withholding by the buyer of a propertyHow the gain on the sale is calculated
As a general rule, the gain is the difference between the fiscal value of transmission and the fiscal value of acquisition.
On a purchase, the acquisition value may include the costs and taxes inherent in the purchase that the seller paid at the time, as well as admissible investments and improvements. Interest is excluded.
The transmission value may be reduced by the costs and taxes inherent in the sale that were borne by the seller.
Subtracting the purchase price from the sale price alone can therefore give an incomplete result.
The tax agency’s manual sets out how the gain is determined, the rate and the deductions from the tax due, including the withholding made by the buyer.
AEAT: capital gains on the sale of propertyIf the property was rented out
The depreciation to be taken into account for the periods in which the property was let must be reviewed.
As a general rule, depreciation already deducted reduces the acquisition value for this calculation. It is worth reconstructing it even where it was never applied as an expense, because it can affect the result: this has to be reviewed case by case.
It is also worth separating investments and improvements from maintenance and repair costs: not every works project increases the acquisition value.
Keep the invoices and record what work was carried out.
Related guideRenting out a property in Spain as a non-resident: tax and form 210Which tax rate applies
The Spanish tax agency sets a rate of 19% for the capital gain arising from the sale of the property.
That percentage applies to the taxable gain, not to the full sale price. It should not be confused with the general rates that may apply to other non-resident income.
Related guideProperty taxes for non-residentsExample: when part of the 3% may be refunded
Take a sale with these circumstances:
- Sale price: EUR 250,000.
- Fiscal transmission value, once costs are reviewed: EUR 240,000.
- Fiscal acquisition value: EUR 220,000.
- Taxable gain: EUR 20,000.
- No exemptions or other adjustments.
Buyer’s withholding
CalculationEUR 250,000 × 3%AmountEUR 7,500Tax on the gain
CalculationEUR 20,000 × 19%AmountEUR 3,800Excess withheld
CalculationEUR 7,500 − EUR 3,800AmountEUR 3,700
| Item | Calculation | Amount |
|---|---|---|
| Buyer’s withholding | EUR 250,000 × 3% | EUR 7,500 |
| Tax on the gain | EUR 20,000 × 19% | EUR 3,800 |
| Excess withheld | EUR 7,500 − EUR 3,800 | EUR 3,700 |
In this example the return would allow EUR 3,700 to be claimed, subject to the corresponding verification.
If the tax calculated exceeds the withholding, the difference must be paid. If the withholding exceeds the tax due, a refund of the excess may be claimed.
Form 211 and form 210: who files each one
Form 211: the buyer’s responsibility
The buyer pays the withholding within one month of the transmission.
Once the payment is made, the buyer must give the seller the corresponding copy, which is used to justify the payment on account in the seller’s return.
Before treating the matter as closed, ask for that receipt and check its details.
The instructions confirm the one-month deadline from the transmission, the copy handed to the non-resident seller and the charge on the property if the withholding is not paid.
AEAT: form 211 instructionsForm 210: the seller’s responsibility
The seller declares the tax result of the transmission on form 210.
The deadline is three months after the one-month period following the transmission date, whatever the result of the return.
Do not wait for the following year’s income tax campaign. Work out the actual due date from the date of the transaction.
The instructions set, for property transmissions, a deadline of three months after the month following the transmission, whatever the result.
AEAT: form 210 instructionsWhat happens if you sell at a loss?
A tax loss does not mean there is nothing to file.
The form 210 instructions set the filing deadline for property transmissions whatever their result. The return records the transaction and allows any refund to be claimed.
The loss must be calculated with the relevant fiscal values and adjustments, not simply by comparing the prices in the deeds.
Municipal plusvalía is reviewed separately
The municipal plusvalía is an obligation separate from non-resident income tax and from the 3% withholding.
Where the taxpayer is a non-resident individual, the rules treat the buyer as the substitute taxpayer.
It is worth coordinating its review, the documents required and the amounts that may need to be provided for before signing.
The consolidated text governs the municipal tax on the increase in land value and makes the buyer the substitute taxpayer where the taxpayer is a non-resident individual.
BOE: Local Finance Act, art. 106Can any exemption apply?
Each case has to be analysed.
The AEAT provides for a reinvestment exemption for certain taxpayers resident in the European Union or in European Economic Area States that meet the regulatory conditions, where they sell what was their main residence in Spain and reinvest in accordance with the required conditions.
Even in that case, the buyer’s withholding and the obligation to file the corresponding return remain.
Do not assume that buying another home automatically makes the sale exempt. A holiday home should not be treated as a main residence without review.
What documents to prepare before selling
Assemble a file containing:
- Identity document, NIE and tax residence information.
- Purchase deed and title to the property.
- Evidence of the costs and taxes of the purchase.
- Invoices for investments and improvements.
- Information on rental periods and depreciation.
- Documents and costs of the sale.
- The form 211 receipt, once filed.
- Bank details for any refund.
If you acquired the property by inheritance or gift, also provide the succession or gift documents and the related tax returns.
Related guideSelling a property in Spain: a legal guide, taxes and proceduresFrequently asked questions
Will the 3% always be refunded?
No. Only the excess over the tax actually due is refundable, after filing and verification.
Does the notary file my form 210 automatically?
That should not be assumed. Confirm expressly who is handling it and ask for the filing receipt.
Can I calculate the tax from the two deeds alone?
Costs, improvements, depreciation and other relevant circumstances may be missing.
If there are several sellers, is each one reviewed?
Yes. The share, tax residence and circumstances of each owner must be identified before preparing the returns.
Organise the tax before you sign
Knowing the estimated result makes it easier to plan the amounts you will receive, the withholdings and the steps that follow.
At MH Legal & Seguros we advise international owners on the sale of property in Spain and coordinate the legal and tax steps with the professionals who need to be involved.
Contact our team to prepare the sale of your property and review how it is taxed for a non-resident.
ContactSpeak with MH Legal & SegurosGeneral information for non-resident individuals without a permanent establishment. The circumstances of the purchase and the sale, tax residence and the applicable rules must be checked. Rates, deadlines and the withholding were checked against the AEAT and the BOE on 4 November 2026.