Spain Property Capital Gains Tax Calculator 2026
Resident rates (19-28%), non-resident flat 19%, deductible costs, the 3% retention mechanism and the reinvestment exemption. Worked example included — IgeraGestories AI calculates your exact figure.
Worked example — non-resident seller 2026
Step-by-step capital gains calculation for a UK non-resident selling a Spanish property:
Step 1 — Acquisition cost
- Original purchase price
- €200,000
- ITP paid at purchase (8%)
- €16,000
- Notary + registry at purchase
- €2,000
- Capital improvements (invoiced)
- €4,000
- Total acquisition cost
- €222,000
Step 2 — Net sale proceeds
- Gross sale price
- €320,000
- Estate agent (3%)
- −€9,600
- Notary + registry on sale
- −€800
- Net sale proceeds
- €309,600
Step 3 — Tax calculation (non-resident, 19% flat)
- Capital gain (€309,600 − €222,000)
- €87,600
- CGT rate (non-resident)
- 19%
- Total CGT liability
- €16,644
- 3% retention (Art. 25.2 LIRNR) withheld by buyer
- €9,600
- Additional tax to pay (Modelo 210)
- €7,044
- Or: refund if withheld > liability
- —
Illustrative example only. Actual figures depend on exact costs, depreciation history and your personal circumstances. IgeraGestories AI calculates your specific case.
Capital gains tax rates — residents vs non-residents
| Gain amount | Residents (IRPF savings scale) | Non-residents (LIRNR) |
|---|---|---|
| First €6,000 | 19% | 19% (flat on total) |
| €6,001 – €50,000 | 21% | 19% (flat on total) |
| €50,001 – €200,000 | 23% | 19% (flat on total) |
| €200,001 – €300,000 | 27% | 19% (flat on total) |
| Above €300,000 | 28% | 19% (flat on total) |
Non-residents pay a flat 19% regardless of gain size. For large gains, this can be lower than the resident progressive scale. Legal basis: Art. 25.1.f LIRNR; LIRPF Art. 66 (savings scale).
Capital Gains Tax Spain — Frequently Asked Questions
What costs are deductible when calculating capital gains on a Spanish property?
The taxable capital gain is the net sale price minus the acquisition cost. Deductible on the acquisition side: purchase price, notary fees, land registry fees, ITP or VAT+AJD paid at purchase, real estate agent fees (on purchase), any capital improvements (reformas) with invoice. Deductible on the sale side: notary/registry fees for the sale, estate agent commission (typically 3%), and legal costs. Annual depreciation can also reduce the acquisition value if the property was rented. Maintenance costs, mortgage interest and general upkeep are NOT deductible for the capital gains calculation.
How does the 3% retention work and when do I get it back?
Under Art. 25.2 LIRNR, the buyer must withhold 3% of the gross sale price and pay it to the AEAT via Modelo 211 within 1 month of the notarial deed. This is a prepayment of the non-resident seller's capital gains tax. The seller then files Modelo 210 (capital gains return) within 3 months of the deed. If the 3% withheld exceeds the actual CGT liability, the AEAT issues a refund. Typical refund wait: 6-18 months. If the 3% is less than the tax owed, the seller pays the difference at filing.
What is the reinvestment exemption (Art. 38 LIRPF) and does it apply to non-residents?
Art. 38 LIRPF allows Spanish tax residents to exempt capital gains from the sale of their main residence (vivienda habitual) if ALL the proceeds are reinvested in a new main residence within 2 years (before or after the sale). This is a powerful exemption — it can eliminate CGT entirely on the sale of a primary home. Critical caveat: it applies ONLY to Spanish tax residents (Modelo 100 filers). Non-residents (Modelo 210 filers) CANNOT use this exemption. There is no equivalent exemption in LIRNR for non-residents.
What is the non-resident capital gains tax rate in Spain?
Non-residents — whether EU, non-EU, UK post-Brexit, or any nationality — pay capital gains tax on Spanish property at a flat 19% rate (Art. 25.1 LIRNR). This rate was aligned for EU and non-EU residents in 2015 (previously non-EU paid 21%). There is no progressive scale for non-residents' property gains: it is always 19% on the net capital gain, regardless of the gain amount. The 3% retention (Modelo 211) is withhold from the gross sale price as an advance payment.
Calculate your exact Spanish property capital gain in seconds
IgeraGestories AI has LIRNR Art. 25, LIRPF Art. 38 (reinvestment exemption), Modelo 211 and Modelo 210 procedures fully indexed. Input your figures, get the exact liability and the law cited.
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