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
- All non-resident sellers — 19% on the net gain, whether you are resident in the EU/EEA (Sweden, Netherlands, Belgium, Germany, Norway) or outside it (UK post-Brexit, Switzerland, US, UAE). Basis: Non-Resident Income Tax Law, Art. 25.1(f).
- Separate from the 3% withholding — 3% of the sale price is held back on account; 19% is the rate applied to the taxable 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 — processing times vary and can take several months. If you sold at a loss, the full 3% comes back.
To see what the 3% retention, the 19% gain and plusvalía leave you with, run your figures through the selling-cost calculator for non-resident sellers before you agree a price.
