Written by Paul Vega · Seller Specialist, MOVR
Reviewed by David Ingemansson · Growth Director
Published · Updated · MOVR Real Estate · RAICV 2897
The 3% retention
At the notary, the buyer holds back 3% of the sale price and pays it directly to the Spanish tax office (Agencia Tributaria) within one month. This is a down-payment on your capital gains tax — not the final amount.
Capital gains rates
- EU / EEA residents (Sweden, Netherlands, Belgium, Germany, Norway, etc.) — 19% on the net gain.
- Non-EU residents (UK post-Brexit, Switzerland, US, etc.) — 24% on the net gain.
What you can deduct
You can deduct: purchase taxes and notary fees you paid when buying, documented major improvements (with invoices and IVA), agency commission with IVA on the sale, and Plusvalía. Routine maintenance and furniture cannot be deducted.
Claiming your refund
Within 4 months of the sale, your gestor or lawyer files Form 210. If the actual tax owed is less than the 3% retained, the difference is refunded to your bank account — usually within 6–12 months. If you sold at a loss, the full 3% comes back.
