Capital Gain Tax
If you sell your home with a profit then you have to pay capital gains tax in Spain. This tax is officially called Impuesto sobre Incremento the Patrimonio de la Venta de un bien Inmeuble. At this tax, it is important whether you are resident or non-resident. In some cases you are exempt from this tax.
How is the capital gains tax calculated?
The profit is the difference between the selling price and the price at which you bought the property. This price will be corrected by some inflation adjustments. This correction takes place by official tables of the Spanish government. On the remaining amount you can deduct several expenses like: any attorney and agency fees and the cost of rebuilding or renovation.
Capital gain tax for residents.
21% on the amount between € 0 and € 6,000
25% on the amount between € 6,000 and € 24,000
27% on the amount above € 24,000
The tax is charged to the income tax. You have to pay the tax for the year in which the property is sold.
Capital gain tax for non-residents.
Non-residents pay 21% tax on the profit on the sale.
Since the Spanish housing market has now collapsed, currently fewer people will make a profit on the sale of their home. If you are eligible for a refund of overpaid capital gains tax then you have 3 months time after transfer of the house to submit an application to the local tax office (Delegación de Hacienda). Through the so-called 210-form you can request the refund.
The Spanish tax will repay the overpayment in the next fiscal. As a non-resident you should appoint a Spanish lawyer or a Spanish resident as Tax representative.
Exemption from capital gains tax.
In the following cases, you do not have to pay capital gains tax:
1. If you are using the profit of the sale for buying a new home in Spain. The condition is that you have lived at least three consecutive years in your current home, you are a resident and that your new home is your principal residence.
2. If you are a resident, older than 65 years and have lived at least three consecutive years in your current home.