If you’re a foreigner selling property in Mallorca, you’ll need to navigate Spain’s legal system, tax obligations, and buyer expectations — often without being physically present. A mistake during the sale process could lead to lost time, tax penalties, or blocked payments.
At Borderless Lawyers, we help non-resident sellers handle every step legally and remotely — including taxes, contracts, and notary representation.
📝 Step-by-Step: Selling a Property in Mallorca
1. Confirm ownership and registry details
We verify that the property is properly registered and matches cadastral records.
2. Gather all legal documents
You’ll need:
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Original deed (escritura)
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Energy certificate (EPC)
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Community and utility payment certificates
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IBI property tax receipts
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NIE
3. Sign a reservation or arras contract
The buyer typically pays a 10% deposit. We draft and review the contract to protect your interests.
4. Attend the notary signing (or grant POA)
The final deed is signed in front of a notary. If you’re abroad, we can sign for you via Power of Attorney.
5. Declare and pay applicable taxes
💶 What Taxes Do Sellers Pay in Mallorca?
🧾 Capital Gains Tax (IRNR)
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Non-residents pay 19% on the net gain
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Deductible expenses include renovations, notary fees, agent commissions
🧾 Plusvalía Municipal (Local Land Value Tax)
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Based on land appreciation during ownership
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Paid to the town hall
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Often negotiated in the sale contract
🧾 3% Non-Resident Withholding
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The buyer withholds 3% of the sale price and pays it to the tax office
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You may reclaim this (partially or fully) by filing a tax return
✅ We calculate and manage all tax filings, and help recover withheld amounts.
✈️ Selling Remotely with Power of Attorney
You don’t need to return to Mallorca. We:
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Represent you before the notary
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Accept payments on your behalf
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Pay taxes and close the file
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Transfer proceeds to your home-country bank account
⚠️ Common Mistakes to Avoid
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Failing to declare capital gains tax
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Skipping plusvalía or miscalculating it
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Accepting buyer-drafted contracts without legal review
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Not checking for pending utility or community debts
💼 What We Do
At Borderless Lawyers, we:
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Handle contract negotiation and legal review
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Represent you via POA at the notary
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Manage all tax declarations and refunds
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Ensure a clean handover for both parties
💬 Final Word
Selling property in Mallorca as a foreigner involves strict legal and tax requirements. With the right legal team, you can sell smoothly — even from abroad — while avoiding common pitfalls.
📞 Contact us today if you’re planning to sell a home in Mallorca and want full legal support from start to finish.