Selling a property or asset in Spain? Then you’re likely subject to capital gains tax (CGT) — and the rules differ based on whether you’re a resident or non-resident.
In this guide, we explain:
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How CGT works in Spain
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The current tax rates
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What deductions are available
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How to calculate your gain
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How non-residents file (including Modelo 210)
💰 What Is Capital Gains Tax in Spain?
Capital gains tax applies when you sell a property, shares, business, or other assets at a profit.
You are taxed on the difference between the sale price and the acquisition value, adjusted for expenses and improvements.
🧍 Capital Gains Tax for Residents vs. Non-Residents
| Status | Taxed on | Filing Form |
|---|---|---|
| Residents | Worldwide capital gains | Modelo 100 |
| Non-Residents | Only gains on Spanish assets | Modelo 210 |
📊 Capital Gains Tax Rates in Spain
CGT is progressive and applies to net gains:
| Capital Gain (€) | Tax Rate |
|---|---|
| 0 – 6,000 | 19% |
| 6,001 – 50,000 | 21% |
| 50,001 – 200,000 | 23% |
| 200,001 – 300,000 | 27% |
| Over 300,000 | 28% |
💡 These rates apply to both residents and non-residents, although deductions and exemptions differ.
🏘️ Selling Spanish Property as a Non-Resident
When a non-resident sells a property:
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The buyer must withhold 3% of the purchase price and pay it to the tax office
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You must then file Modelo 210 to declare the actual gain and claim a refund if overpaid
You can deduct:
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Purchase costs (notary, registration, taxes)
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Capital improvements (with proof)
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Real estate agency fees
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Legal and notary fees related to sale
🧮 How to Calculate Capital Gains
Formula:
Capital Gain = Sale Price – (Purchase Price + Expenses + Improvements)
Example:
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Purchase Price: €200,000
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Sale Price: €300,000
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Purchase Costs & Improvements: €20,000
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Taxable Gain: €80,000
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Tax Due (approx.):
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19% on first €6,000 = €1,140
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21% on €6,001–€50,000 = €9,240
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23% on €30,000 = €6,900
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Total CGT: €17,280
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🧾 Required Forms & Deadlines
| Taxpayer Type | Form | Deadline |
|---|---|---|
| Resident | Modelo 100 | Annually (April–June) |
| Non-Resident | Modelo 210 | Within 4 months of sale |
🧑⚖️ Key Exemptions & Reliefs
🏠 1. Primary Residence Exemption (Residents Only)
If you’re a resident and selling your main home in Spain:
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You may be exempt from CGT if you reinvest the proceeds into another primary residence within 2 years
👵 2. Over 65 Exemption
Residents over 65 may be exempt if selling their main home and meeting residency duration requirements.
💶 3. Reinvestment Exemption (Residents)
Applies if:
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You reinvest 100% of the gain in another Spanish property
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Within the reinvestment window
⚠️ Common Pitfalls to Avoid
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❌ Not accounting for improvement costs (must have receipts)
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❌ Forgetting the 3% withholding for non-residents
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❌ Failing to file Modelo 210 and losing refund opportunities
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❌ Incorrectly assuming you qualify for exemptions as a non-resident
🧠 Tips to Reduce Capital Gains Tax in Spain
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Keep all receipts related to purchase and renovations
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Structure sales properly if you are tax resident in another country with a tax treaty
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Time your sale based on residency status and reinvestment plans
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Consult a tax lawyer before selling
📞 Need Help With Capital Gains Tax in Spain?
Whether you’re selling a vacation property, liquidating shares, or planning your exit from Spain, Borderless Lawyers can:
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Calculate your actual CGT
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File Modelo 210 or 100
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Claim refunds
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Help you reinvest tax-efficiently