Spain’s Proposed 100% Tax on Non-EU Property Buyers: Why It’s Unlikely to Pass

Introduction

Recent discussions around Spain’s proposed 100% tax on property purchases by non-EU buyers have sparked concern among international investors and expatriates. While this proposal has gained media attention, the likelihood of it becoming law remains extremely low.

In this article, we analyze the reasons why the tax is unlikely to be implemented and what non-EU property buyers in Spain should focus on instead. We also highlight how Taxadora can assist you with your property tax obligations in Spain.

What is the Proposed 100% Tax on Non-EU Buyers?

The proposed legislation suggests imposing a 100% tax on property purchases by non-EU residents, effectively doubling the cost of real estate for foreign investors outside the European Union. The goal behind this measure, according to its proponents, is to cool down property price inflation and make housing more accessible for local residents.

🚀 Key Takeaway: If passed, this tax would drastically increase the cost of property ownership for non-EU buyers, making Spain a much less attractive investment destination.

Why the 100% Tax is Unlikely to Pass

Despite the alarming headlines, several factors indicate that this law is highly unlikely to be implemented:

  1. Potential Violation of EU Trade and Investment Laws
  • Spain is part of the European Union, which promotes fair trade and non-discrimination in economic matters.
  • A 100% tax specifically targeting non-EU buyers could be challenged under EU free trade agreements and Spain’s bilateral investment treaties.
  • Legal experts predict that the European Commission would intervene if such a discriminatory tax were introduced.
  1. Negative Impact on the Spanish Economy
  • Foreign investment, particularly in real estate, contributes billions of euros to the Spanish economy.
  • Coastal areas like Costa del Sol, Alicante, and the Balearic Islands heavily depend on international property buyers.
  • If non-EU investors pull out, Spain could face a slowdown in the property market, leading to job losses in real estate, construction, and tourism.
  1. Existing Property Taxes Already Deter Speculation
  • Spain already has strict tax regulations to prevent excessive property speculation, such as:
    • Capital Gains Tax (CGT) on property sales.
    • Non-Resident Property Tax (Modelo 210) for foreign property owners.
    • Plusvalía Municipal Tax on land appreciation.
  • These existing taxes already discourage short-term speculation and generate revenue for local governments.
  1. Strong Opposition from the Business and Real Estate Sectors
  • Spain’s real estate associations, business lobbies, and investment groups have strongly opposed the proposal.
  • Many experts argue that restricting foreign investment will not solve Spain’s housing affordability issues, as prices are driven by other factors like short-term rentals and lack of housing supply.

📌 Conclusion: Given these economic, legal, and political barriers, the proposal is highly unlikely to be approved in its current form.

What Non-EU Property Buyers Should Focus On

Instead of worrying about an unlikely tax, non-EU buyers should focus on understanding their actual tax obligations in Spain.

Key Taxes for Non-EU Property Owners in Spain

  1. Property Purchase Taxes:
    • Transfer Tax (ITP): 6-10% (for resale properties).
    • VAT (IVA): 10% (for new-build properties).
    • Notary & Registration Fees: Typically 1-2% of the property price.
  2. Annual Taxes for Non-Residents:
    • IBI (Municipal Property Tax): Varies by region, usually 0.4% – 1.3% of cadastral value.
    • Non-Resident Income Tax (Modelo 210): 24% on rental income for non-EU owners.
    • Capital Gains Tax (when selling a property): 19% for EU residents, 24% for non-EU residents.

🚀 Taxadora makes it easy to manage these taxes, ensuring full compliance and no surprises.

Learn More About Taxadora’s Tax Services

How Taxadora Can Help Non-EU Property Owners

At Taxadora, we specialize in tax services for non-resident property owners in Spain. We provide expert guidance and ensure that your tax filings are handled correctly and efficiently.

How Taxadora Helps You:

  • Non-Resident Tax Filings (Modelo 210) – Avoid penalties and file your taxes stress-free.
  • IBI Tax Payment Assistance – Ensure your local property taxes are paid on time.
  • Capital Gains Tax & Plusvalía Calculations – Know exactly what to expect when selling your property.
  • Tax Compliance & Optimization – We make sure you pay only what you owe and identify any possible tax reductions.

📌 Don’t let tax uncertainty stop your property investment! Get expert assistance from Taxadora today. Start Here

Final Thoughts

The proposed 100% tax on non-EU property buyers in Spain has raised concerns, but it remains highly unlikely to pass due to legal, economic, and political challenges.

Rather than worrying about speculative laws, non-EU buyers should focus on understanding and managing their actual tax obligations in Spain.

💡 Need help with property taxes in Spain? Taxadora is here to simplify the process for you! Learn More



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Taxes for Non Residents

You are classified as a non-resident if you spend less than 183 days in Spain and usually pay taxes in another country. Non-residents with property or income in Spain must declare specific taxes, such as property taxes or rental income, using forms like Modelo 210.
Modelo 210
Non-Resident Tax
from
34,95€
Tax declaration for non-residents owning property in Spain. We handle everything remotely.
Modelo 210
Rental Income Taxes
from
49€
Non-residents who rent out their property in Spain must declare their rental income yearly.
Modelo 210
Tax From Property Sale
from
198€
Non-residents who sell their property must declare capital gains and reclaim the 3 % tax withholding within 4 months.

Tax Filing for Residents in Spain, Made Easy

Taxes for Residents

You are considered a tax resident in Spain if you spend more than 183 days per year in the country. Being a resident means you are required to declare your global income, regardless of where it is earned, and file taxes annually in Spain.
Modelo 100
Taxes for Residents in Spain (IRPF)
from
123€
Residents in Spain must declare their global income yearly, regardless of their visa or permit.
Modelo 720
Foreign Assets Declaration
from
148€
Residents in Spain with foreign assets must declare them to avoid fines, even without owing taxes.
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