Answers for property owners
What Taxes Do You Pay When Selling a Property in Marbella and Benahavís? (2026)
When you sell in Spain, you mostly pay tax on what you gain, not on what you sell for. These are the general rules for individuals, with figures.
SHORT ANSWER
When you sell a property there are two main taxes: the capital gain (ganancia patrimonial), paid to the Spanish Tax Agency (Hacienda) on your profit (19% to 30% for residents; a flat 19% or 24% for non-residents), and the municipal land-value tax (plusvalía municipal), paid to the town hall for the increase in the value of the land, which can be zero if you sell at a loss.
IN THIS ARTICLE
The rules vary with your tax residence, the year you bought and the invoices you have kept. What follows is general guidance for individuals: deductions or exemptions may apply in each case.
The capital gain: what is taxed
You pay on the profit, not on the full price:
Capital gain = transfer value − acquisition value
- Transfer value: the sale price minus the costs of the sale: the agency fee plus its VAT, the municipal land-value tax and the mortgage cancellation, if there is one.
- Acquisition value: what you paid when you bought plus the costs of that purchase (notary, Land Registry, Property Transfer Tax or VAT and Stamp Duty if it was a new build). Substantial improvements and extensions also count, as long as you kept the invoices. Ordinary repairs do not count and, without an invoice, nothing counts.
The 2026 rates
| Residents in Spain: gain | Rate |
|---|---|
| Up to €6,000 | 19% |
| €6,000 to €50,000 | 21% |
| €50,000 to €200,000 | 23% |
| €200,000 to €300,000 | 27% |
| Over €300,000 | 30% |
| Non-residents: tax residence | Rate |
|---|---|
| European Union and European Economic Area | 19% flat |
| Rest of the world | 24% flat |
The resident bands apply in steps to the savings tax base. Non-residents pay a single rate on the whole gain.
An example to work out what you keep
Illustrative, simplified example, with no other savings income and no exemptions. You bought for €500,000 and the purchase costs were €40,000. You sell for €800,000 and the selling costs add up to €30,000.
- Resident: €1,140 + €9,240 + €34,500 + €8,100 = €52,980
- Non-resident from the EU or EEA (19%): €43,700
- Non-resident from another country (24%): €55,200
If you are not a resident, the buyer will have withheld 3% of the price (€24,000 in this example) and you will have to pay the difference when you file your return. We explain it in the 3% withholding for non-residents.
What you take home depends not only on the asking price, but on the invoices you kept and the year you bought.
Gather your deeds and invoices before you put the house on the market.
When you pay
- Residents: in your Spanish income tax return (IRPF) in June of the year after the sale.
- Non-residents: the buyer pays the 3% to the Tax Agency within one month, and you file modelo 210 in the following three months, that is, within four months of signing. If the 3% exceeds the tax, the difference is refunded, normally within six months to a year.
The municipal land-value tax
The seller pays it (plusvalía municipal), unless agreed otherwise, to the town hall within 30 working days of signing. Since 2021 there are two ways to calculate it, and the lower result applies:
Direct estimate
Based on the real gain, applying the proportion that the land represents within the cadastral value. If you sell for less than you paid, the tax is zero, although you still have to declare it.
Objective method
The cadastral value of the land multiplied by a coefficient that depends on the years you have owned it, multiplied by the municipal rate, with a maximum of 30%.
If you sold at a loss, read whether you have to pay the municipal land-value tax.
Exemptions worth knowing about
If you are a resident and you sell your main home, you can be exempt by reinvesting the proceeds in another main home within the legal period, and also if you are over 65. Non-residents do not have these exemptions. We look at this in more detail in resident or non-resident: how what you pay changes.
Frequently asked questions
Do you pay tax when you sell at a loss?
There is no capital gain to tax, although you still have to declare the sale. The municipal land-value tax can also be zero if you show there was no increase in value.
Which costs can I deduct?
Those of the sale (agency fee with VAT, municipal land-value tax, mortgage cancellation) and, on the purchase, notary, Land Registry, taxes and improvements backed by an invoice. Ordinary repairs do not count.
Who pays the municipal land-value tax?
The seller, unless the contract says otherwise.
When do I get the 3% withholding back if I am a non-resident?
When you file modelo 210, if the tax is lower than the amount withheld. In our experience, refunds take between six months and a year.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Spanish Tax Agency (Agencia Tributaria: IRPF, IRNR, modelos 210 and 211); consolidated text of the Local Taxation Law (Ley Reguladora de las Haciendas Locales). Last updated: 24 October 2026.
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