If you are a foreigner who wants to sell a property in Spanish territory, you need to know the 3% non resident tax in Spain. In fact, at GM Lawyers we receive many inquiries in this regard, due to its great difficulty.
What is the 3% tax for non-residents in Spain?
The 3% rate for non-residents in Spain is a tax that is applied to the sale of properties located in Spanish territory. The payment of this tax will take place as long as the seller of said property does not reside in Spain.
In these cases, the buyer of the property must retain 3% of the sale value to pay it to the Public Treasury. For this he has 1 month from the date of the contract. The tax form that he must fill in to make said income is 211.
How is this tax calculated?
This tax is levied on the profit that the non-resident obtains with the real estate transfer. This capital gain is the result of subtracting the sale price and the purchase price (expenses and taxes included).
The buyer of the property must deliver to the non-resident a copy of form 211 of the tax. Thanks to this, not only the withholding of the entire fee can be deducted but also request, where appropriate, the return of the excess.
This rate will be included in form 210 (IRNR), which must be submitted within 3 months from the end of the period to deliver form 211.
Correctly calculating the value of the profit obtained is not an easy task (eg: rented properties). The best solution to avoid possible problems with the Spanish Public Treasury is to hire the tax services of a solicitor in Marbella who will solve all your doubts in your own language. Such is the case of GM Lawyers: the experienced polyglot law firm that will simplify your tax procedures as much as possible.
