Capital Gains Tax in Spain for Non-Residents (2026 Guide)

Introduction

If you are a non-resident planning to sell a property in Spain, understanding Capital Gains Tax (CGT) is essential to avoid unexpected costs and delays.

Spanish tax rules have become stricter in recent years, with increased controls and data checks by the tax authorities. The good news is that the system is relatively straightforward once you understand how it works.

In this guide, we explain the latest rules, tax rates, deductions, and how to stay compliant when selling property in Spain.

What Is Capital Gains Tax in Spain?

Capital Gains Tax (CGT) for non-residents is part of the Non-Resident Income Tax (IRNR) system and applies to the profit made when selling property in Spain.

The taxable gain is calculated as:

Sale price – Purchase price – Deductible expenses

Additionally, the Spanish tax authorities require a 3% withholding on the sale price as an advance payment.

Capital Gains Tax Rate for Non-Residents

• 19% flat rate (applies to all non-residents, EU and non-EU)

This is an important update compared to older rules where different rates applied.

How Capital Gains Tax Is Calculated

Formula

(Sale Price – Purchase Price) – Expenses = Taxable Gain

Deductible Expenses

You can deduct:

• Notary and legal fees (purchase and sale)

• Property registration costs

• Real estate agent commissions

• Transfer tax (ITP) or VAT paid at purchase

• Structural improvements and major upgrades

Important:

• Cosmetic renovations (painting, kitchens, bathrooms) are generally not deductible

• Only documented and invoiced costs can be included

Example

3% Withholding Tax on Sale

When a non-resident sells property in Spain:

• The buyer must withhold 3% of the sale price

• This amount is paid directly to the Spanish tax authorities

After the sale:

• You must file Modelo 210 within 4 months

• You calculate the final tax

• You either pay the difference or claim a refund

No Exemptions for Non-Residents

Non-residents do not benefit from certain exemptions available to Spanish residents, such as:

• Reinvestment in a primary residence

• Age-related exemptions (65+)

However, proper calculation and deductions can still significantly reduce your tax liability.

Key Deadlines

• 3% withholding (Modelo 211): Paid by buyer within 1 month

• Capital gains declaration (Modelo 210): Within 4 months of sale

Missing deadlines may result in penalties or loss of refund rights.

Capital Gains Tax vs Plusvalía Municipal

These are two separate taxes:

• Capital Gains Tax (CGT): Based on actual profit

• Plusvalía Municipal: Based on the increase in land value

Both may apply when selling property in Spain.

How to File and Pay Capital Gains Tax

Filing CGT requires:

• Accurate calculation of gain

• Correct documentation

• Submission through Modelo 210

• Payment or refund request

Most non-residents use a tax representative to avoid errors.

Learn more or get help here:
👉 https://taxadora.com/capital-gains-taxes/

Common Mistakes to Avoid

• Not filing Modelo 210 after the sale

• Missing the 4-month deadline

• Not claiming the 3% refund

• Including non-deductible expenses

• Incorrect currency or valuation calculations

With increased enforcement by Spanish tax authorities, accuracy is essential.

How Taxadora Can Help

At Taxadora, we help non-residents:

• Calculate capital gains accurately

• File Modelo 210 on time

• Recover the 3% withholding

• Handle communication with the tax office

If you also need help with ongoing property taxes:
👉 https://taxadora.com/rental-income-taxes-in-spain/

Final Thoughts

Capital Gains Tax in Spain is straightforward once you understand the rules—but small mistakes can be costly.

With the correct calculations, proper documentation, and timely filing, you can avoid penalties and ensure you only pay what is legally required.

Getting professional support ensures the process is handled correctly from start to finish.