Marbella and Benahavís
EspañolCosts and taxes of buying, selling and owning property
Current rates, calculation methods and the local coefficients that apply in Marbella and Benahavís, with the official sources at the end.
This information was prepared by our team to the best of our knowledge and with the information available at that moment. The content of the guides is for information only and may be subject to errors, omissions or changes. It is highly recommended to check the information details with your lawyer or tax advisor.
Rates and calculation methods reviewed against AEAT sources in August 2026.
Section 01
Expenses when buying a property in Marbella & Benahavis
Taxes when buying brand new properties
For new properties acquired directly from developers or builders, a 10% VAT of the sales price and a 1.2% stamp duty apply. Commercial premises, detached garages, and land purchases from developers incur a higher VAT of 21%, plus the 1.2% stamp duty. These taxes are directly paid with the price of the purchase when closing at Notary.
Taxes when buying second hand properties
Secondhand homes, on the other hand, are subject to a 7% transfer tax based on the reference value of the property. This transfer tax, contrary to the VAT tax, has to be paid directly to the Tax Office within 30 days of closing date.
| Case | Rate |
|---|---|
| Buying a property for its use as main residence when the price is less than 150,000 € | 6% |
| Buying a property for its use as main residence when the price is less than 150,000 € when the buyer is under 35 years of age, has suffered domestic violence, is a terrorism victim, or in a depopulated municipality | 3.5% |
| Buying a property when the price is less than 250,000 € for a buyer legally considered a person with a disability of 33% or more or a member of a large family | 3.5% |
| Real estate companies or professionals purchasing and selling within 5 years | 2% |
| Transactions between legal entities with waived VAT exemption, a "VAT reverse charge" applies | 0% VAT 1.2% stamp duty |
Other expenses when buying
- 01
Lawyer's fees
Legal fees, approximately 1% of the purchase price, are advisable for comprehensive advice.
- 02
Notary and Land Registry fees
The fees depend on the complexity of the title deed and may be estimated as 0,25% of the purchase price.
- 03
Technical Inspection fees
Technical inspections are not compulsory when buying a property in Spain and are not very common, although they are advisable depending on the property and the price of the property to be acquired. The price of those surveys varies also depending on the same factors and can go from a few hundreds to even 3.000 €.
- 04
Mortgage Fees
That includes the analysis fees from the bank and the cost of a valuation which is required by the banks. The analysis and opening fees are in general assumed by the banks and the valuation fees may vary between 300 € to 2.000 € depending on the property to be valued.
* Rates, thresholds and exemptions change, and every case is different. The figures on this page are a general guide, not advice on your situation. Check the details of your own case with your lawyer or tax advisor before you commit to anything.
Looking to buy in Marbella or Benahavís?
Our buyer team works through the same process, from the first list of needs to the signature at the notary.
Section 02
Expenses when selling a property in Marbella & Benahavis
There are two main taxes when selling a property in Spain: the Capital Gain Tax and the Municipal Plusvalia Tax.
Capital Gain Tax
This is a general rule for individuals, since there are many particular cases that fall outside the scope of this guide.
1 · How is the Capital Gain calculated?
Value Transferred
The value for which the property is sold minus the expenses and taxes associated to the sale operation that are detailed below:
The real estate agency fees, if the operation is carried out through one, with its corresponding VAT (at this point it is important to know that to deduct an expense you must have a supporting document, receipt of payment of a tribute or invoice, so it is key to keep them when a transaction is carried out).
The Tax on the Increase in Value of Urban Land, known as Plusvalía Municipal Tax.
The expenses of cancellation of the mortgage in case there was one on the property.
Acquisition Value
The value that was paid for the property plus possible investments made on it, reforms (you must have invoices to be able to add them), plus the expenses and taxes associated with the purchase operation that are detailed below:
Notary and Land Registry expenses.
The Transfer Tax or VAT, as applicable, depending if it was a second hand property or a new unit.
The Stamp Duty (Impuesto de Actos Jurídicos Documentados).
The refurbishing costs of the house destined to the extension or to a substantial improvement of it. To add these costs to the acquisition value it is necessary to have the invoices that accredit these expenses.
2 · When is the Capital Gain Tax paid?
In June of the year following the year in which the transaction takes place and within the Income Tax (IRPF).
3 · What is the rate of the Capital Gains Tax?
The tax rate is divided in brackets and depends on the capital gain you have had:
| Capital gain | Tax applied |
|---|---|
| Up to 6.000 € | 19% |
| From 6.000 € to 50.000 € | 21% |
| From 50.000 € to 200.000 € | 23% |
| From 200.000 € to 300.000 € | 27% |
| Above 300.000 € | 30% |
The brackets are cumulative: each portion of the gain is taxed at its own rate. Source: AEAT, Manual práctico de Renta, art. 66.2 of the Personal Income Tax Act.
| Seller | Flat rate |
|---|---|
| Any non-resident, regardless of country of residence | 19% |
A common error worth correcting. Many websites state that a non-resident from outside the EU pays 24% on the gain from a property sale. That 24% belongs to a different table: the one for rental income and imputed income. For the gain on a sale, the AEAT is explicit that "other capital gains arising on transfers of assets" are taxed at 19 per cent, with no distinction by country of residence. A British, American or Swiss seller pays the same 19% as a German one. Source: AEAT, tax rates for non-resident income tax without permanent establishment.
The 3% withholding for non-residents
In any case, for sellers who are non-residents in Spain, the buyer is legally obligated to withhold 3% of the purchase price at the Notary. This amount must be deposited at the Tax Office within 30 days from the closing date, serving as a provision for the taxes the seller is required to pay.
The 3% is not the tax. It is a payment on account. The actual tax is 19% of the real gain, and the two figures rarely match. If the tax owed is less than the 3% withheld, the seller claims the difference back. If it is more, the seller pays the difference.
| Form | Who files it | Deadline and purpose |
|---|---|---|
| 211 | The buyer | One month from the sale. Pays the 3% withholding into the Tax Office and gives the seller a copy with its reference code. |
| 210 | The seller | Three months after the buyer's one-month deadline, so roughly four months from the sale. Declares the real gain, and either claims the excess back or pays the difference. |
Exemptions worth checking before you sign
Sellers aged 65 or over
The gain on the sale of a main residence is fully exempt for sellers aged 65 or over, with no need to reinvest. The property must have qualified as the main residence.
Reinvestment in a main residence
The gain is exempt if the proceeds are reinvested in another main residence within two years. If only part is reinvested, the exemption is proportional.
Bought before 1995
Properties acquired before 31 December 1994 may qualify for reduction coefficients on the portion of the gain generated up to 20 January 2006, subject to a combined limit per taxpayer.
Sellers resident in the EU or EEA may also qualify for the main residence reinvestment exemption. Each of these depends on individual circumstances and should be confirmed with your tax advisor before completion.
Plusvalia Tax
The Plusvalia (Council) Tax is a local tax in urban areas levied by Spanish Town Halls on property transactions (houses, commercials, plots, etc.) of whatever type (sale, inheritance, donation, etc.) based on the growth in the value of urban land. By law, the tax is payable by the vendor although in some cases, and by mutual agreement, the buyer may pay it.
The Plusvalia is a tax that requires an agreement of the Plenary Session of the Town Hall where applicable coefficients, tax rates, reductions, exceptions will be fixed inside certain margins established by law (Ley Reguladora de Haciendas Locales). On Inheritances and donations, it is the beneficiary the one obliged to pay while, in sale transactions, it is the seller (if the seller is non-resident in Spain, it is recommended that the buyer retains the Plusvalia tax amount that will be required to him if the seller does not pay) the liable party.
In November 2021, a recent legislation was enacted to exempt Plusvalia Tax payments in the event of a financial loss. Although the obligation to present the tax declaration still persists, even when properties experience a decrease in value, the new Law established two different ways to calculate the tax: a direct estimation or the original objective system.
Direct Estimation, the real method
In this case, the base for the tax is calculated by considering the purchase and sale prices, the duration of ownership, and a reduction coefficient. Each Town Hall has the authority to apply a reduction coefficient, with a maximum limit of 15%. Using this method, in case of a loss and being the sales price lower than the purchase price, the calculation is going to result negative and the tax zero.
Objective System
The Plusvalia is calculated as a function of the catastral value of the land and the number of years of ownership (up to a maximum of 20 years). The higher the catastral value and the number of years of ownership, the higher the tax.
The multiplier is a coefficient set by law according to the years of ownership, updated periodically by the State. Each Town Hall may apply that coefficient or a lower one.
You may use whichever of the two methods gives the lower result, and the tax is not payable at all when there has been no increase in the value of the land. Proving it is a matter of putting the purchase deed and the sale deed side by side. Ask for the comparison: the Town Hall applies the more favourable method, but the taxpayer has to request it and provide the documents.
The tax rate is fixed by each Town Hall. Locally:
| Town Hall | Tax rate |
|---|---|
| Marbella | 30% |
| Benahavís | 20% |
Who actually pays it when the seller is not resident
In a sale, the Plusvalia is normally payable by the seller. There is one exception that matters a great deal on this coast: when the seller is an individual who is not resident in Spain, the buyer becomes the substitute taxpayer and is legally liable for the tax.
In practice, the amount should be withheld or discounted from the price at completion, so that the buyer is not left exposed to a liability that economically belongs to the seller. If you are buying from a non-resident, raise this with your lawyer before signing.
* Rates, thresholds and exemptions change, and every case is different. The figures on this page are a general guide, not advice on your situation. Check the details of your own case with your lawyer or tax advisor before you commit to anything.
Thinking of selling? Start with the number.
The costs on this page are only half the calculation. The other half is the price your property can achieve, and that is calculated from closed Registro de la Propiedad sales, not from an opinion.
Section 03
Expenses when owning a property in Spain
When delving into the financial considerations tied to property ownership in Spain, it becomes imperative to distinguish between maintenance costs and expenses not directly related to property upkeep. In this article, we will specifically focus on the latter.
01 · Council Ownership Tax
The I.B.I., an abbreviation for Impuesto de Bienes Inmuebles, stands as an annual tax applicable to all Spanish properties. This local tax, irrespective of residential status, is paid to the Council and contributes to maintaining the infrastructures and services provided by the Town Hall. Calculated as a percentage (Benahavis, for instance, applies a 0.4%) of the catastral value or tax value, the I.B.I. is a crucial aspect of property ownership.
02 · Rubbish Collection Tax
The Rubbish Collection Tax, another local tax, is paid to the Council by property owners, regardless of residential status. This tax funds the rubbish collection services provided by the Town Hall. Each Council sets its own tax rates, ranging from a fixed lump sum per year to a percentage of the catastral value.
03 · Annual Wealth Tax
Applicable to both residents and non-residents owning property in Spain, the Annual Wealth Tax is a nuanced aspect that requires expert advice for clarity.
04 · Non-Resident Income Tax
Exclusive to non-residents in Spain, this yearly tax has distinct modalities based on whether the property is rented out or not. The rate is 19% for residents of the EU, Iceland and Norway, and 24% for everyone else.
For rented properties the tax applies to the income. Residents of the EU or EEA may deduct expenses and are taxed on the net figure; other residents are taxed on the gross. For properties that are not rented out, the taxable base is a percentage of the catastral value, generally 2% or 1.1% depending on when the value was last revised.
05 · Community Fees
In condominiums, whether comprising buildings, townhouse complexes, or communities of independent villas, shared maintenance costs for common elements (pool, garden, roads, lights, security, etc.) are distributed among property owners. A yearly budget is prepared, and fees are calculated as a percentage associated with the property.
06 · Insurance
Though not compulsory in Spain, having household insurance is strongly recommended. The potential risks far outweigh the cost of ensuring your property's protection.
* Rates, thresholds and exemptions change, and every case is different. The figures on this page are a general guide, not advice on your situation. Check the details of your own case with your lawyer or tax advisor before you commit to anything.
Every case is different
If you are weighing a sale, a purchase or simply what your property costs you each year, a conversation costs nothing and commits you to nothing.
* Important notice
This guide is general information, not tax or legal advice. It was prepared by our team to the best of our knowledge, using the official sources listed below, and reviewed in August 2026.
Tax law changes, and it changes often. Rates, brackets, thresholds, exemptions, municipal coefficients and filing deadlines are amended by national, regional and local legislation, sometimes with retroactive effect. Any figure on this page may have been superseded after the date of review. It may also contain errors or omissions.
And every case is different. The tax you actually pay depends on your residence status, how long you have owned the property, what you paid for it, what you have invested in it, your age, whether it is your main residence, the double taxation treaty of your country, and circumstances that no general guide can anticipate. Two neighbours selling on the same street in the same week can face very different bills.
Before you make any decision, sign any document or commit to a price, have the details of your own case reviewed by your lawyer or your tax advisor. Alfonso Lacruz Team accepts no liability for decisions taken on the basis of this page alone.
If you do not yet have a tax advisor in Spain, we can introduce you to independent professionals we work with. We receive no commission for the introduction.
Sources
Every figure on this page comes from an official source
Non-resident income tax and capital gains
Transfer tax and stamp duty
Plusvalía municipal
Plusvalía municipal
Cadastral value