Selling Property in Spain

Guide to Costs, Taxes & Documents

Main Selling Costs in Spain

Understanding the costs involved will help you set the right asking price and avoid surprises later.

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• Agency Commission: Usually between 5% and 6% of the final sale price, agreed upon with your real estate agent.

• Legal Fees: Around 1% of the sale price + 21% VAT, covering contract review, tax filings, and representation at the notary.

• Plusvalía Tax (Municipal Capital Gain): A local tax on the increase in the land’s value since you bought the property — not the building itself.It’s based on the valor catastral (found on your IBI receipt) and the number of years you’ve owned the property.Your lawyer can calculate the exact amount according to your local council’s rates.

Taxes for Non-Resident Sellers

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If you’re not a tax resident in Spain, there are specific obligations to keep in mind.

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3% Retention (Advance Payment): 

When a non-resident sells a property in Spain, the buyer is legally required to withhold 3% of the total sale price and pay it directly to the Spanish Tax Agency (AEAT).

This is not an extra tax — it’s an advance payment toward your potential Capital Gains Tax (CGT).

After the sale, your lawyer will calculate your final tax liability based on the real gain (profit).

• If your actual CGT due is higher than the 3%, you’ll pay the difference.

• If your CGT due is lower, or if you made no profit, your lawyer can request a refund of the difference or the full 3%, typically within 3–6 months.

 In short: you don’t pay both — the 3% retention is simply a prepayment of the final tax.

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Capital Gains Tax (CGT): 

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Capital Gains Tax applies only to the profit (gain) made when you sell your property.
It’s the difference between the purchase price (plus costs) and the sale price (minus selling costs).

Formula Example:
Sale price – Purchase price – Eligible costs = Taxable gain

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Tax Rates in 2025 

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EU / EEA residents (e.g. Denmark, Norway, France) 19%

Deductions Allowed?  Yes

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Non-EU / EEA residents (e.g. UK, USA, Canada, UAE) 24%

Deductions Allowed? No

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Deductible Expenses

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You can deduct:

• Real estate agent’s commission

• Lawyer and notary fees

• Plusvalía tax

• Improvement works (with invoices)

• Purchase taxes and registration costs from when you bought the property

Capital Gains Tax Exemptions

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Certain sellers qualify for full or partial exemptions from CGT:​

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• Sellers aged 65+ (Spanish residents) 

If you are a Spanish tax resident, 65 or older, and have lived in the property for 3+ years as your main home, you are exempt from CGT.

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• Reinvestment Exemption (for Residents)

If you’re under 65 but reinvest the proceeds into another main residence in Spain or the EU within 2 years, you can also claim partial or total exemption.

These exemptions do not apply to non-resident sellers.

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Additional Selling Costs

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• Mortgage Cancellation Fees: If there’s an outstanding mortgage, expect to pay 0.5%–1% of the remaining balance to cancel it. Your bank will issue a mortgage cancellation deed, which must be notarized and registered.

•  Energy Efficiency Certificate (EPC). Mandatory for all property sales in Spain.  The certificate is valid for 10 years.

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Required Documents to Sell

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To list and complete your sale, make sure you have:

• Copy of title deed (escritura)

• NIE number and passport

•  Latest IBI (property tax) receipt

•  Rubbish collection (Basura) receipt

• Community fee receipts (if applicable)

• Utility bills for reference

• Energy Performance Certificate

• Nota Simple – property ownership extract from the Land Registry

Your agent or lawyer can help obtain any missing documents before marketing your property.

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• This information is provided for general guidance only. Always consult a qualified professional for legal or financial advice.