Example figures: a client buys a resale apartment in Málaga for EUR 300,000. Andalusia charges a flat 7% transfer tax (ITP) on resale homes. How much ITP is due (in EUR)?
EUR ITP = 300,000 x 7% = EUR 21,000. Andalusia applies a single 7% general rate with no brackets. Reduced rates exist for some main homes (for example young buyers), which rarely apply to foreign investors.
BOE, Andalusian Law 5/2021 on ceded taxes (2021-10-20) Example figures: a resale villa in Jávea (Comunitat Valenciana) sells for EUR 400,000, with the deed signed in September 2026. The Valencian general ITP rate is 9% for deeds from 1 June 2026. How much ITP is due (in EUR)?
EUR ITP = 400,000 x 9% = EUR 36,000. Valencian Law 5/2025 cut the general rate from 10% to 9% for taxable events from 1 June 2026. Older brochures that still say 10% are out of date.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) A Dutch buyer is about to sign for a resale villa in Altea at EUR 1,050,000 in October 2026. What ITP rate should you warn him about?
- 9% on the whole value
- 9% up to EUR 1 million and 11% only on the extra EUR 50,000
- 11% on the whole value, because the property is above EUR 1 million
- 7%, as in Andalusia
In the Comunitat Valenciana, homes valued above EUR 1 million pay 11% on the full value, not just on the excess. The tax office can also use the cadastral reference value if it is higher than the price, which can push a EUR 980,000 sale over the threshold.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a resale villa in Moraira sells for EUR 1,200,000 in 2026. What ITP is due at the Valencian 11% rate (in EUR)?
EUR ITP = 1,200,000 x 11% = EUR 132,000. The 11% applies to the whole value once it passes EUR 1 million. The same villa in Andalusia would pay 7%, so EUR 84,000: a gap of EUR 48,000 your client may ask about.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) A buyer in Torrevieja signed the purchase deed on 15 May 2026 but filed the tax form in June. Which Valencian general ITP rate applies to a EUR 250,000 resale?
- 10%, because the rate depends on the date of the deed (accrual), not the filing date
- 9%, because the form was filed after 1 June 2026
- The buyer can choose either rate
- 6%, the reduced rate for all non-residents
The 9% rate applies to taxable events accrued from 1 June 2026. A deed signed on 15 May 2026 remains at 10%. On a EUR 250,000 property, waiting two weeks to sign would have saved EUR 2,500, so timing advice matters.
TaxDown, ITP in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a client buys a new-build apartment from a developer in Marbella for EUR 500,000. VAT on new homes is 10% and Andalusian stamp duty (AJD) is 1.2%. What is the total of VAT plus AJD (in EUR)?
EUR VAT = 500,000 x 10% = EUR 50,000. AJD = 500,000 x 1.2% = EUR 6,000. Total = EUR 56,000. A first transfer by a developer pays VAT plus AJD instead of ITP.
BOE, VAT Law 37/1992 (article 91, reduced rate for homes) (1992-12-28) Example figures: a new-build flat in Alicante is bought from the developer for EUR 350,000, with the deed signed in July 2026. VAT is 10% and the Valencian AJD rate is now 1.4%. What is VAT plus AJD (in EUR)?
EUR VAT = 350,000 x 10% = EUR 35,000. AJD = 350,000 x 1.4% = EUR 4,900. Total = EUR 39,900. Valencian Law 5/2025 cut the general AJD from 1.5% to 1.4% from 1 June 2026.
TaxDown, ITP and AJD in the Comunitat Valenciana (Law 5/2025) (2026-09) Example figures: a resale flat in Fuengirola is agreed at EUR 280,000, but its cadastral reference value is EUR 300,000. Andalusia taxes resales at 7% on the higher of the two values. How much ITP is due (in EUR)?
EUR The tax base is the higher figure, EUR 300,000. ITP = 300,000 x 7% = EUR 21,000, not the EUR 19,600 the buyer may expect. Check the reference value on the Catastro site before quoting costs.
Guía Fiscal, ITP-AJD Andalucía 2026 (2026) Which tax does a buyer pay on the FIRST sale of a newly built home by a developer?
- ITP transfer tax only
- VAT at 10% plus regional stamp duty (AJD)
- VAT at 21% only
- No tax, new homes are exempt
The first delivery of a new home by a developer is subject to VAT, at the 10% reduced rate for dwellings, plus AJD on the deed. Later resales between individuals pay ITP instead. Garages and storage rooms sold with the home (up to two) also take 10%.
BOE, VAT Law 37/1992 (article 91, reduced rate for homes) (1992-12-28) Example figures: a cash resale purchase in Nerja at EUR 250,000. ITP 7%, notary EUR 900, land registry EUR 600, and the lawyer charges 1% of the price plus 21% VAT. What are the total buying costs (in EUR)?
EUR ITP = 17,500. Lawyer = 2,500 x 1.21 = 3,025. Total = 17,500 + 900 + 600 + 3,025 = EUR 22,025, about 8.8% of the price. Quoting 'around 10%' for Andalusian resales is a safe first estimate.
BOE, Andalusian Law 5/2021 on ceded taxes (2021-10-20) How are notary fees for a property deed set in Spain?
- Each notary sets any percentage he wants
- They are a fixed 3% of the price
- They follow an official state tariff (arancel) based on the value and length of the deed
- They are always paid by the agent
Notary fees follow the official tariff in Royal Decree 1426/1989, so they are regulated and scale with the deed value and number of pages. Land registry fees follow a separate tariff (Royal Decree 1427/1989).
BOE, Royal Decree 1426/1989, notary tariff (1989-11-17) Example figures: a seller owned a flat for 10 years. The land part of the cadastral value is EUR 80,000. The objective-method coefficient for 10 years is 0.12 and the town hall rate is 29%. What is the plusvalía municipal (in EUR)?
EUR Base = 80,000 x 0.12 = EUR 9,600. Tax = 9,600 x 29% = EUR 2,784. The seller can instead use the real method (actual gain on the land share) if it gives a lower result. Town hall rates cannot exceed 30%.
Guía Fiscal, plusvalía municipal 2026 (2026) A seller in Benalmádena bought for EUR 320,000 and now sells for EUR 300,000. What happens with the plusvalía municipal?
- It is still due on the cadastral value, gain or not
- The buyer must pay it instead
- It is reduced by half
- It is not due if the seller proves the loss with the purchase and sale deeds
Since the 2021 reform, no plusvalía is charged when there is no real increase in value, but the seller must prove it to the town hall with both deeds. File within 30 days of the sale to avoid surcharges.
Guía Fiscal, plusvalía municipal 2026 (2026) The seller of a flat in Mijas is a non-resident Swede. Why does the buyer's lawyer usually hold back money for the plusvalía municipal at completion?
- Because the law makes the buyer the substitute taxpayer when the seller is a non-resident individual
- Because plusvalía is always paid by the buyer in Spain
- Because Swedish sellers are exempt
- Because it replaces the 3% retention
The seller normally pays plusvalía, but when the seller is a non-resident individual the Local Finance Law makes the buyer the substitute taxpayer. The buyer's lawyer therefore retains an estimated amount from the price and pays the town hall.
BOE, Local Finance Law (RDLeg 2/2004), article 106 (2004-03-09) Example figures: a non-resident British owner sells his Estepona flat for EUR 450,000. The buyer must withhold 3% of the price and pay it to the tax office (form 211). How much is withheld (in EUR)?
EUR Retention = 450,000 x 3% = EUR 13,500. The buyer pays it within one month of the deed. It is an advance on the seller's capital gains tax, settled on form 210 within the following four months.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: a non-resident bought for EUR 300,000 plus EUR 30,000 costs. He sells for EUR 420,000 with EUR 20,000 selling costs. Gains are taxed at 19% and the buyer withheld 3% of the price. How much more tax does he still owe after the retention (in EUR)?
EUR Gain = (420,000 - 20,000) - (300,000 + 30,000) = EUR 70,000. Tax = 70,000 x 19% = EUR 13,300. Retention = 420,000 x 3% = EUR 12,600. Balance = 13,300 - 12,600 = EUR 700. If the tax were lower than the retention, he could claim a refund.
BOE, Non-Resident Income Tax Law (RDLeg 5/2004) (2004-03-12) Example figures: a Belgian resident lets her Marbella flat for EUR 20,000 a year and has EUR 6,000 of deductible expenses linked to the rental. EU and EEA residents pay 19% non-resident income tax on net income. What is the tax (in EUR)?
EUR Net income = 20,000 - 6,000 = EUR 14,000. Tax = 14,000 x 19% = EUR 2,660. EU and EEA residents can deduct expenses directly related to the rental, such as IBI, community fees, insurance and interest.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: an owner resident outside the EU and EEA lets a flat in Alicante for EUR 20,000 a year. Under the general rule, non-EU residents pay 24% on gross rent with no expense deduction. What is the tax (in EUR)?
EUR Tax = 20,000 x 24% = EUR 4,800. With the same rent, an EU resident with EUR 6,000 expenses would pay EUR 2,660. A double tax treaty may change this, so refer the client to a tax adviser.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: a German non-resident keeps a holiday flat in Torrox for personal use only. Its cadastral value is EUR 150,000, revised after 2012, so the imputed income rate is 1.1%. The EU rate is 19%. What annual non-resident tax is due (in EUR)?
EUR Imputed income = 150,000 x 1.1% = EUR 1,650. Tax = 1,650 x 19% = EUR 313.50. If the cadastral value had not been revised since 2012, the rate would be 2%. Owners pay this even when the flat is never let.
Guía Fiscal, non-resident income tax (forms 210 and 211) (2026-07-26) Example figures: an agency in Marbella charges 5% commission plus 21% VAT on a EUR 600,000 sale. What is the total invoice to the seller (in EUR)?
EUR Commission = 600,000 x 5% = EUR 30,000. VAT = 30,000 x 21% = EUR 6,300. Invoice = EUR 36,300. Always say whether your fee is quoted 'plus VAT' so the seller is not surprised at completion.
BOE, VAT Law 37/1992 (article 90, 21% general rate) (1992-12-28) Example figures: a EUR 800,000 villa in Estepona sells with a 6% commission (before VAT). The listing agency shares 50/50 with the agency that brought the buyer. Your agency pays you 40% of its share. What do you earn (in EUR)?
EUR Total commission = 800,000 x 6% = EUR 48,000. Each agency = EUR 24,000. Your share = 24,000 x 40% = EUR 9,600. The 21% VAT is collected on top and passed to the tax office, so it is never part of the split.
BOE, VAT Law 37/1992 (article 90, 21% general rate) (1992-12-28) Example figures: a flat in Alicante costs EUR 250,000 and purchase costs bring the total to EUR 275,000. Long-term rent is EUR 1,100 per month. Annual costs: IBI EUR 600, community EUR 1,200, insurance EUR 300, repairs EUR 500, empty month allowance EUR 1,100. What is the net yield on total investment, before income tax (in %)?
% Rent = 1,100 x 12 = EUR 13,200. Costs = 600 + 1,200 + 300 + 500 + 1,100 = EUR 3,700. Net = 13,200 - 3,700 = EUR 9,500. Net yield = 9,500 / 275,000 = 3.45%, against a gross yield on price of 5.28%. Non-resident income tax then comes on top.
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