Practical guide: Everything you need to know about real estate capital gains tax: ganancia patrimonial and plusvalía municipal

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If you have purchased real estate in Spain andare considering selling it, you should be aware that you will be subject to capital gains tax, known as Impuesto sobre el Incremento de Patrimonio or Ganancia patrimonial. This tax is applied to the difference between the purchase price and the resale price of your property. 

The tax rates vary depending on the tax status of the owner (tax resident or non-resident) and the length of ownership. There are cases of exemption, especially if you reinvest your money in a primary residence on Spanish territory. 

Definition 

The tax on capital gains on real estate in Spain has two components:

  1. National capital gains tax (IRPF for tax residents, IRNR for non-residents).
  2. The municipal capital gains tax (IIVTNU or the plusvalia municipal), which is calculated on the valuation of the land on which the property is built. 

Sell your property in Spain with Terreta Spain: tax support and total security

For a non-resident French speaker, the taxation of resale in Spain is a real obstacle course, particularly because of the two major taxes we have just mentioned. 

At Terreta Spain, we don't just sell your property. We are also your dedicated expert, securing your exit from the Spanish real estate market from A to Z.

Our goal: to ensure that your resale proceeds smoothly, with complete legal security and optimized taxation.

Our support for the sale of your property in Spain includes:

 Professional property promotion: high-quality photo report, videos with commentary, detailed description, and personalized profitability analysis. Terreta Spain promotes each property to attract qualified buyers and maximize its market potential.

 Optimized capital gains simulation: accurate calculation of your net profit. We take into account all deductible expenses and possible exemptions (often overlooked by non-resident sellers) to legally minimize the tax payable.

 Comprehensive tax and legal audit: we check that your property complies with regulations before it goes on sale and estimate the amount of the two taxes (IRNR for non-residents, IRPF for residents, and Plusvalía) to avoid any surprises.

 100% French-speaking administrative management: say goodbye to Spanish bureaucracy. We take care of preparing the Modelo 210 (IRNR declaration) and all the necessary procedures with the tax authorities. 

 Strategic sales and fund security: advice on the fair valuation of your property, management of notarial and tax deadlines, and optimization of fund transfers to your bank account, wherever it may be.

 A single French-speaking contact person to ensure complete understanding of each step, from the sales mandate to the final receipt of funds.Discover our real estate sales service in Spain and put your property on the market with our experts.

Calculation of the national tax

Taxable base

Net capital gain = sale price – (purchase price + acquisition costs + sales costs + justified works)

Tax rate

Tax status Tax brackets
Residents Progressive: 19% (≤6K€), 21% (6-50K€), 23% (50-200K€), 26% (>200K€)
Non-residentsFixed rate: 19% (EU/EEA), 24% (outside the EU)

Terreta Tip: Click here to access an IRPF simulator, in the original version “simulador de ganancias patrimoniales”, if you are a Spanish tax resident.

Calculation of the municipal capital gains tax (IIVTNU)

Two methods to choose from 

  1. Real method: 60% x the national capital gain.
  2. Objective method: cadastral value × annual coefficient × municipal rate (generally 0.9% per year).

Your Terreta Spain expert will perform the calculation using the method that is most favorable to you: (actual method or objective method).

Payment methods

For residents:

  • Integration into the annual IRPF declaration.
  • Payment before June 30 of the following year.

For non-residents:

  • 3% withholding tax retained by the buyer during the sale. The purpose is to prevent capital flight. 
  • Mandatory declaration within 4 months via form 210.
  • Regularization between withholding tax and actual tax.

The municipal capital gains tax is the responsibility of the seller, and the payment deadline varies depending on the municipality (generally 30 days post-sale).

Partial or total exemptions

Cases of exemption ResidentsNon-residents
Sale of the main residence of owners over 65 years of ageYesNo
Reinvestment in the primary residence within 2 yearsYesUnder conditions
Acquisition before 1995YesYes
Capital lossTax creditReimbursement up to 3%

Practical advice from Terreta Spain experts for international investors

  1. Negotiate the update coefficient for properties acquired before 2015.
  2. Keep all invoices (work, notary fees, taxes) for 5 years.
  3. Choose the optimal calculation method for the municipal capital gains tax (run simulations).
  4. Consider changing your tax residency 2 years before the sale to benefit from exemptions.

FAQ: Capital gains tax on real estate in Spain

What is the difference between IRPF/IRNR and municipal capital gains tax?


IRPF (for residents) or IRNR (for non-residents) is the national tax on capital gains realized on the sale. The municipal capital gains tax (IIVTNU) is a local tax calculated on the increase in value of the land since purchase.

How long do I have to declare my capital gains after the sale?


Non-residents must declare via Form 210 within 4 months of the sale. Tax residents include it in their annual income tax return (before June 30 of the following year).

Can I recover the 3% withholding tax retained by the buyer?


Yes! If the actual tax calculated is less than the 3% withheld, you can request a refund from the Spanish tax authorities. Terreta Spain will assist you with this process.

What expenses can I deduct to reduce my taxable capital gains?


You can deduct: the initial purchase price, notary and registration fees, taxes paid on purchase, work justified by invoices, and costs related to the sale (agency, notary).

How does the French-speaking agency Terreta Spain help me sell my property in Spain?


We assist you with all administrative and tax matters: capital gains simulation, document verification, tax returns, property valuation, strategic advice, and coordination with notaries and buyers. A turnkey service, available in French, English, or Spanish.

What are Terreta Spain's fees for selling my apartment or house in Spain?


Our fees amount to 3% excluding tax of the net selling price. 

Can I be exempt from capital gains tax?


Yes, in certain cases: if you are a Spanish tax resident over the age of 65 and you sell your primary residence, or if you reinvest in a new primary residence within two years (subject to conditions).

Maximize your net profit and secure your sale

Terreta Spain supports you from start to finish to optimize your sale, secure your transactions, and maximize your net profit.

 Free estimate, tax audit, personalized French-speaking support.Learn more about our sales service or contact our experts now.

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