Foreign Owner? Here’s How to Sell Property in Seville Legally

If you’re a non-resident or foreign national selling property in Seville, the process involves unique tax rules, legal filings, and documentation.

Whether you’re:

  • Returning home

  • Switching investments

  • Or inheriting a property to sell

We guide you through each legal step — and handle the entire process if you’re not in Spain.


📋 Step-by-Step: Selling a Property in Seville as a Foreigner


✅ Step 1: Gather Legal Documents

You’ll need:

  • Copy of the title deed (escritura)

  • Last paid IBI (property tax) receipt

  • Community of owners certificate (if applicable)

  • Latest utility bills

  • Energy Efficiency Certificate (CEE)

  • NIE number and ID

We help you collect or re-issue any missing documents.


✅ Step 2: Appoint a Lawyer (and Power of Attorney if Abroad)

A local Spanish lawyer ensures:

  • All paperwork is in order

  • You don’t fall foul of Spanish tax laws

  • Contracts are reviewed

  • Money is received safely

💡 If you’re abroad, we can sell the property fully remotely with Power of Attorney.


✅ Step 3: Sign the Deposit Contract (Contrato de Arras)

The buyer pays a 10% deposit and signs an arras agreement.
We negotiate:

  • Conditions for handover

  • Penalties for default

  • Protection clauses for you as seller


✅ Step 4: Notary Signing (Escritura Pública)

We coordinate with:

  • Buyer’s lawyer

  • Notary

  • Registry office

  • Bank (if mortgage cancellation is needed)

At the notary, you (or we, under POA) sign the final deed and hand over keys.


💸 What Taxes Will You Pay When Selling?


🔹 1. Plusvalía Municipal (Capital Gains on Land Value)

  • Local tax on increase in land value

  • Based on years of ownership and cadastral value

  • Paid to the Seville Ayuntamiento

  • Negotiable (buyer may accept to pay it in hot markets)


🔹 2. Capital Gains Tax (IRNR for Non-Residents)

Rate:

  • 19% flat rate for EU/EEA citizens

  • 24% for non-EU citizens
    Taxed on: Sale price – acquisition cost – eligible expenses

💡 You can deduct:

  • Purchase taxes and fees

  • Renovation costs (with invoices)

  • Agent commissions and legal costs


🔹 3. 3% Withholding Tax for Non-Residents

Spanish law requires the buyer to retain 3% of the sale price and pay it to Hacienda (Spanish Tax Agency) on your behalf.

  • This is a pre-payment of your capital gains tax

  • If you made no profit, you can claim a refund

We file this refund request for you (form Modelo 211 + 210).


🔐 Can You Sell Without Being in Spain?

Yes — using a Power of Attorney, we handle:

  • Contract drafting and negotiation

  • Notary signing

  • Tax calculation and payment

  • Coordination with your bank

  • Money repatriation to your home country

All communication is bilingual and transparent.


💼 What Borderless Lawyers Handles

Task Handled for You
Review of title deed ✅
Contract drafting & negotiation ✅
Buyer due diligence ✅
POA signing or notary coordination ✅
Capital gains tax filing ✅
3% retention refund (if due) ✅
Legal representation for non-residents ✅

📞 Selling Your Property in Seville? Make It Legally Simple

Selling real estate in Spain as a foreigner involves strict legal formalities. Our experienced legal team in Seville ensures a smooth and tax-compliant sale — even from abroad.

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