Guide for non-resident sellers

Selling Your Costa del Sol Property from Abroad

Selling a home in Spain while you live in the UK, Ireland or elsewhere is straightforward once you know how the taxes work. This guide covers the 3% retention, plusvalía, capital gains tax and how to complete the sale without travelling.

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Selling from abroad

You can sell without coming back to Spain

Many owners on the Costa del Sol bought years ago and now live in another country. If you are not tax resident in Spain, the sale is taxed differently: part of the price is withheld at completion, and you file a Spanish tax return afterwards to settle the final figure.

With a Power of Attorney we can handle the whole sale for you — from the contract to the notary and the tax returns — and make sure any overpaid tax comes back to you. If you are tax resident in Spain, different rules apply and we will advise you on them.

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Home for sale on the Costa del Sol

Step by step

How selling from abroad works

Free consultation & fixed fee

We review your deeds, any mortgage and your tax position, and agree a fixed fee before any work begins.

Documents & Power of Attorney

We gather the documents a buyer's lawyer will ask for and prepare your Power of Attorney, so you are ready when an offer arrives.

Private sale contract

We draft or review the private sale contract (contrato de arras) and make sure the buyer's deposit is properly secured.

Completion at the notary

The deeds are signed before a notary and the buyer pays the price, keeping back 3% for the tax office and, for non-resident sellers, the plusvalía.

Mortgage & charges cleared

Any outstanding mortgage is paid off from the price at completion, and we cancel it at the Land Registry.

Your tax return

We file your non-resident capital gains return (Modelo 210) and either pay any balance or reclaim the excess retention.

Closing the file

We cancel or transfer the utilities, notify the community and the town hall, and confirm the proceeds have reached your account.

Taxes at a glance

The taxes on a sale by a non-resident

3% retention

The buyer keeps back 3% of the price and pays it to the Spanish tax office on account of your capital gains tax.

Capital gains tax

Non-residents pay a flat 19% on the gain: what you sell for minus what you paid, less the costs the law allows you to deduct.

Plusvalía municipal

A local tax on the increase in the value of the land. For non-resident sellers, the buyer pays it to the town hall and deducts it from the price.

Your home country

You may also need to report the sale where you live. Double taxation treaties usually let you offset the tax paid in Spain.

The 3% retention

What happens to the 3% kept back at completion

Because you are not resident in Spain, the buyer must keep back 3% of the price and pay it to the tax office (Modelo 211) within one month of completion. It is not an extra tax: it is a payment on account of your capital gains tax.

  • If your tax is lower than the 3% — after a small gain or a loss — we reclaim the difference for you
  • If your tax is higher, we pay the balance on time so no surcharges arise
  • Your capital gains return (Modelo 210) is due within about four months of completion
  • Your purchase deeds and invoices for improvements reduce the taxable gain, so keep them

Refunds are paid by the tax office and can take some months; we follow the claim through until the money reaches you.

Detached house with garden on the Costa del Sol
Property near the beach on the Costa del Sol

Capital gains tax

How your gain is calculated

The gain is the difference between the sale price and what the property cost you, after the deductions the law allows. Non-residents pay a flat 19% on it, whatever their country of residence. You can deduct:

  • The taxes, notary, Land Registry and legal fees you paid when you bought
  • Improvements and extensions, backed by invoices
  • Selling costs such as the estate agent's commission and legal fees
  • The plusvalía paid on the sale

If you inherited the property, the starting value is the one declared in the inheritance. We work out your figures before you agree a price, so the tax does not come as a surprise.

Selling without travelling

Documents and Power of Attorney

The buyer's lawyer will ask for a set of documents before anything is signed. We collect them for you and, with a Power of Attorney, sign on your behalf at every stage.

  • Your title deeds (escritura) and NIE
  • The latest IBI receipt and proof that local taxes are paid
  • A community certificate showing no outstanding fees
  • An energy performance certificate, required for every sale
  • Mortgage details, so the loan can be cancelled at completion
  • A Power of Attorney signed before a notary in your country with the Hague Apostille, or at a Spanish consulate
Selling a villa on the Costa del Sol with legal support

Where we act

Selling across the Costa del Sol

From our office in Estepona we act for sellers along the whole coast, and we know what buyers' lawyers in each area will ask for. See also our seller service.

Good to know

Selling from abroad — your questions

Is the 3% retention charged on the sale price or on my profit?

On the full sale price. It is only a payment on account: your actual tax is 19% of the profit, and the difference is settled in your non-resident tax return.

Do I get the 3% back if I made a loss?

Yes. If there is no gain, no capital gains tax is due and the whole 3% can be reclaimed by filing a non-resident tax return (Modelo 210).

Who pays the plusvalía when a non-resident sells?

The tax is the seller's, but when the seller is not resident in Spain the law makes the buyer pay it on the seller's behalf, so the amount is usually deducted from the price at completion. If the land has not increased in value, no plusvalía is due.

What capital gains tax rate do non-residents pay in Spain?

A flat 19% on the gain, whatever your country of residence, after deducting the allowable purchase, improvement and selling costs.

What happens if I pull out after signing the deposit contract?

With the usual deposit contract (arras penitenciales), a seller who withdraws must return the deposit doubled. That is why we check your documents and tax position before you sign.

Do I also pay tax in my home country?

Possibly. Many countries tax their residents on gains made anywhere in the world, but double taxation treaties usually let you offset the tax paid in Spain. We can work alongside your accountant.

Free consultation

Book a Consultation about Selling from Abroad

Tell us about the property and where you live, and one of our real estate lawyers will get back to you shortly — initial consultation, clear English and fixed fees agreed in advance.

Prefer to call? 951 87 04 72