Yes — foreign nationals can legally sell their Spanish property, even if they are non-residents or living abroad.
However, the process involves specific legal steps, tax filings, and — in many cases — appointing a lawyer with Power of Attorney.
📋 Legal Steps to Sell Property in Malaga
1. Find a Buyer or Real Estate Agent
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Private sale or through agent
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Commission fees usually 3%–5% (negotiable)
2. Hire an Independent Lawyer
A real estate lawyer will:
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Verify your ownership and debts
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Draft/review the arras (deposit) contract
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Coordinate with the buyer’s lawyer
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Prepare the deed of sale (escritura pública)
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Represent you at the notary (if needed)
✅ Borderless Lawyers offers remote sale management via POA.
3. Review Property Documents
Your lawyer will ensure:
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Title is clean and registered
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IBI tax and utility bills are paid
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Community fees are up to date
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Energy certificate is issued
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Mortgage (if any) is cancelled properly
📌 All debts must be cleared before or at notary day.
4. Sign the Notary Deed
At the notary:
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Both parties (or lawyers via POA) sign the deed
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Seller receives payment (typically by bank cheque)
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Buyer assumes ownership and registration begins
💰 What Taxes Do Foreign Sellers Pay in Spain?
1. Capital Gains Tax (CGT)
| Seller Residency | Tax Rate | Applies To |
|---|---|---|
| EU/EEA Residents | 19% | Net gain from sale |
| Non-EU Residents | 24% | Net gain from sale |
💡 You may deduct:
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Purchase price
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Notary/registry costs
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Renovations (with invoices)
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Lawyer/agent fees
📌 Declare within 3 months of sale using Modelo 210
2. 3% Withholding Tax (Retención)
The buyer must retain 3% of the sale price and pay it to the Spanish Tax Agency on your behalf.
✅ This is not a penalty — it’s a prepayment of CGT. You can reclaim any excess later.
🔄 What If You’re Selling Remotely?
You can:
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Grant a Power of Attorney to your lawyer
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Receive funds by international wire transfer
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Avoid traveling to Spain entirely
📌 We handle remote sales for clients across the UK, US, UAE, Germany, and more.
🏦 Can You Avoid Capital Gains Tax?
Some cases may qualify for exemptions or reductions:
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Sale reinvested in primary residence (for Spanish tax residents)
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Inherited properties with updated value
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Selling below original purchase price
💡 Ask us to run a tax simulation before signing.
📁 Required Documents to Sell in Malaga
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Original deed of purchase (escritura)
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NIE number
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IBI (property tax) receipts
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Energy performance certificate
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Utility clearance letters
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Power of Attorney (if remote)
💼 Why Choose Borderless Lawyers?
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Full-service sales for foreigners
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Fixed-fee packages (no hourly billing)
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POA setup and notary coordination
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Tax filing and refund applications
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Service in English, French, Arabic, German, Dutch & more
📞 Ready to Sell Your Property in Malaga?
Whether you’re in Spain or abroad, we’ll handle your property sale from start to finish — legally, securely, and tax-efficiently.