Selling a Property in Spain
Legal and tax assistance for foreign property owners selling in Spain. We coordinate the sale from the initial legal review to the notary, Capital Gains Tax, the 3% non-resident withholding and post-completion formalities.
Our English-speaking lawyers help you in our special service of legal and tax on the sale of Spanish properties,
20+
Years of legal and tax expertise
All Spain
We cover all the Spanish territory
EN / ES
Bilingual support. Also FRA, DEU and NDL spoken.
Need help to sell your Spanish property
Special offer of FREE VIDEOCALL with our specialists. You will reeceive First Study of your case for FREE.
HOW CAN WE HELP?
Legal & Tax Services for Selling Property in Spain
Every sale is different. We review the legal, tax and practical circumstances of your property and coordinate the process with the buyer, estate agent, bank and notary.
Legal Review Before Sale
Ownership, Land Registry, cadastral details, mortgages, charges, IBI, community debts and sale documentation
Reservation & Deposit Contracts
Review or preparation of reservation agreements, private purchase contracts and Spanish arras contracts.
Capital Gains Tax
Pre-sale calculation of the estimated taxable gain, acquisition costs and qualifying investments or improvements
3% Non-Resident Withholding
Calculation, post-sale reconciliation and refund applications where the amount withheld exceeds the final tax liability
Power of Attorney
Sell from abroad without having to travel to Spain for every legal, tax or notarial formality.
Notary Completion
Coordination with the buyer, lawyers, estate agent, bank and Spanish notary until completion.
Municipal Plusvalía Tax
Review, calculation and filing of the municipal tax where applicable to the transfer.
Mortgage Cancellation
Coordination of repayment, bank documentation, notarial cancellation and Land Registry formalities.
TAX CALCULATION BEFORE THE SALE
Capital Gains Tax When Selling Property in Spain
In general terms, the taxable capital gain is determined by comparing the transfer value with the acquisition value, taking into account the costs and amounts that may legally form part of those values.
Before accepting an offer, it is useful to know the estimated tax cost of the transaction and the approximate net amount you may receive after completion.
We review potential acquisition costs such as:
- Original purchase price
- Transfer Tax, VAT and Stamp Duty where applicable
- Notary and Land Registry expenses
- Legal fees connected with the acquisition
- Qualifying investments and improvements
- Required documentation
Renovation expenditure must be reviewed individually. Not every repair or maintenance cost automatically qualifies as an improvement for Capital Gains Tax purposes.
IMPORTANT TO NON RESIDENT SELLERS
The 3% Withholding on the Sale Price
When the seller is not tax resident in Spain, the buyer is generally required to withhold 3% of the agreed sale price and pay it to the Spanish Tax Authorities as a payment on account of the seller’s potential tax liability.
The withholding is not necessarily the final Capital Gains Tax. After completion, the actual tax position must be calculated and the corresponding return filed.
- 3 % from the sale price
- It is hold by the buyer
- It is paid to the tax office
- If the difference is positive, you will be requested to pay that difference
- If the difference is lower, you will be refunded
INHERITANCE + PROPERTY SALE
Selling an Inherited Property in Spain?
If the property is still registered in the deceased owner’s name, the Spanish inheritance will normally need to be dealt with before or in coordination with the sale.
We can manage the succession procedure and the subsequent sale as one coordinated legal and tax process.
We can also help with:
- Spanish and foreign Will / probate documentation
- NIE applications
- Spanish inheritance deed
- Power of Attorney
- Spanish Wills & International Inheritance
- Inheritance Tax
- Preparation and completion of the property sale
YOUR 5-STEP SERVICE
How Our Property Sale Service Works
Contracts & Documents
We prepare or review contracts and coordinate the documents required for the sale.
Tax Follow-Up
We deal with final tax filings, the 3% withholding and refund procedures where applicable.
Important Before accepting an offer : How Much Will You Actually Receive From the Sale?
The advertised sale price is not the same as the amount you will ultimately receive. We can prepare an estimated seller’s statement before completion.
Why Choose TLA - Spanish Solicitors?
International clients need more than forms. They need clear legal advice, practical planning and a team that understands the full relocation process.
English-speaking legal team
We explain the process clearly in English
+20 Y Experience with international clients
We regularly assist foreigners moving to Spain.
Immigration, property and tax service
We can coordinate your visa with your wider legal situation.
Personalized strategy
We review your specific case before recommending a route.
Spain-wide service
We assist clients across Spain and internationally.
Clear communication
You will know the requirements, timing and next steps
Frequently Asked Questions About Selling a property in Spain
Do I need to travel to Spain to sell my property?
Not necessarily. In many cases, an appropriately drafted Power of Attorney allows us to represent you during the Spanish sale process.
What is the 3% withholding for non-resident property sellers?
When a seller is non-resident in Spain, the buyer is generally required to withhold 3% of the sale price and pay it to the Spanish Tax Authorities as a payment on account of the seller’s potential tax liability.
Can I recover the 3% withholding?
If the amount withheld exceeds the final tax liability, the seller may be entitled to request a refund of the excess from the Spanish Tax Authorities.
Can renovation costs reduce my Capital Gains Tax?
Certain investments and improvements may be relevant to the acquisition value, but ordinary repairs and maintenance may receive different tax treatment. The invoices and supporting documentation should be reviewed individually.
Can you calculate my tax before I accept an offer?
Yes. A preliminary calculation can help estimate your potential Capital Gains Tax, the 3% withholding where applicable, other sale expenses and expected net proceeds.
I inherited the property. Can you deal with the inheritance and sale?
Yes. We can coordinate the Spanish inheritance procedure and the subsequent sale, including notarial, tax and Land Registry formalities.
What happens if there is still a mortgage on the property?
The outstanding mortgage can normally be repaid as part of the completion process. The registered mortgage charge must also be formally cancelled from the Spanish Land Registry.
Can you deal directly with my estate agent and the buyer's lawyer?
Yes. We can coordinate with the professionals involved in the transaction so that the legal, tax and completion requirements are dealt with consistently.
READY TO START?
Get Legal Advice Before Starting Your Selling Process Starts
Avoid surprises, define your taxes, and prepare all the documents ready fro the process.