Spanish Property Taxes for non-Spanish Residents

397. ​Did you know that if a seller of a property in Spain is non-Spanish Resident, the buyer will need to deposit 3% of the sale value to the Spanish Tésoro Público?

According to the Spanish Law of IRPF Ley 35/2006, a person will be considered Spanish resident if he/she: 

a) Resides 183 days during the year in Spanish territory

b) Has a main business activity of principal nuclei or economic interests in a direct or indirect way in Spain 

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The buyer will need to therefore complete a 211 Form together with the deposit. If the deposit amount is higher than the amount of the seller´s due capital gains taxes then there will be a reimbursement of the excess. 

If case that the 3% is not deposited, the property will see itself affected by the unpayment of this tax. If the seller does not do his own revenue declaration for the Spanish government, the government will keep the 3% deposited. ​

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