Complete guide to Capital Gains Tax for non-residents in Spain (2025)

Selling a property in Spain as a non-resident can involve specific taxation rules that are not always familiar to international owners. This guide, updated to August 2025, explains clearly how Capital Gains Tax (CGT) works for non-residents, the applicable rates, withholding requirements, deadlines, and how to optimise your sale to retain the highest possible return.

At Lucas Fox, we have extensive experience advising international property owners to ensure every sale is efficient, secure, and transparent.

1. Who is considered a non-resident for tax purposes?

Se considera residente fiscal en España quien pase más de 183 días al año en territorio español o tenga en España el centro o base de sus intereses económicos o familiares. Si no cumples estos criterios, eres no residente, aunque tengas una vivienda en el país.

¿Se considera actividad económica tener inmuebles arrendados en España? NO se considerará actividad económica y por tanto tendrá la consideración de no residente, el propietario que no acuda al servicio de un tercero a tiempo completo, para la gestión de sus alquileres.

2. General tax rates for non-residents (2025)

19%: for residents of European Union (EU) or European Economic Area (EEA) countries.
24%: for residents of countries outside the EU/EEA, unless there is a Double Taxation Agreement that reduces the rate.

However, a 19% rate applies to capital gains arising from the sale of assets regardless of whether the non-resident is from within or outside the EU/EEA.
This means that for the sale of a property in Spain, all non-residents are taxed at 19% on capital gains.

3. The 3% withholding when selling a property

When a non-resident sells a property:

The buyer must withhold 3% of the sale price and pay it directly to the Spanish Tax Agency using Form 211 within roughly one month after the sale.
This withholding acts as an advance payment towards your final tax bill. If the actual tax due is lower, you can request a refund of the difference.

Example: Suppose the buyer has paid €6,000 to the tax authority (3% of the sale price), but the non-resident’s CGT liability calculated on Form 210 comes to €4,000. In this case, you could claim a refund of the extra €2,000.

4. How capital gains are calculated

The gain is calculated as the difference between the sale value and the purchase value of the property.

Therefore, the taxable base is determined by subtracting from the sale price:

The actual purchase price (acquisition value), which includes expenses and taxes directly related to the purchase.
Deductible costs from the sale of the property, such as estate agency fees, notary or land registry fees, transfer taxes, documented improvements, and municipal “Plusvalía” tax.

(Note: No amount can be deducted for major renovations unless these have increased the property’s value and are documented.)

Example – Calculating the taxable base:
Acquisition value:

Purchase price: €170,000
Purchase costs: €22,000
Total acquisition cost: €192,000

Sale value:

Sale price: €320,000
Sale costs: €20,000
Total sale proceeds: €300,000

Final gain:
€300,000 – €192,000 = €108,000

5. Filing requirements and deadlines

You must file Form 210 within four months of the sale to settle the tax due or to request a refund if the withholding exceeds your liability.

If you do not file Form 210, you will lose the right to reclaim any overpaid amount, and you may face late payment interest charges or penalties for unpaid amounts.

Example – Calculating the tax due:

Taxable gain: €108,000
Withholding applied by buyer: €9,600 (3% of sale price)
Tax due: 19% of €108,000 = €20,520
Result: €20,520 – €9,600 = €10,920 payable

Exemption for reinvestment:

EU/EEA non-residents may be exempt from CGT on gains from the sale of their habitual residence in Spain, provided the full amount is reinvested in purchasing a new habitual residence.