Key Info Box
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🏷️Purchase tax (resale)
🏷️Purchase tax (new build)
🏠Annual property tax (IBI)
💶Non-resident income tax
Taxes When You Buy
The tax you pay at purchase depends on whether the property is resale (second-hand) or new build (first transfer from developer).
Resale property — Transfer Tax (ITP: Impuesto de Transmisiones Patrimoniales)
In Andalucía, the transfer tax rate is 7% of the purchase price declared in the escritura. This is the single largest transaction cost. On a €300,000 purchase, that's €21,000 in transfer tax alone.
Note: the tax authorities can challenge the declared price if they believe it's below market value. They reference minimum "fiscal value" (valor de referencia catastral) guidelines. If the declared price is below this reference value, the authorities may issue a supplementary tax assessment for the difference. Your lawyer should verify the fiscal reference value before completion to avoid surprises.
New-build property — VAT (IVA) + Stamp Duty (AJD)
New properties (first transfer from developer) are subject to IVA (Impuesto sobre el Valor Añadido) at 10% instead of ITP. In addition, stamp duty (Actos Jurídicos Documentados) of 1.5% in Andalucía applies. Total: 11.5% on the purchase price. On a €300,000 new build, that's €34,500 — significantly more than resale's 7%.
Other purchase costs (not technically taxes but paid alongside them):
| Cost | Amount |
|---|---|
| Notary fees | €600–1,200 |
| Land Registry fees | €400–800 |
| Legal fees (lawyer) | 1% of purchase price (typical) |
| Mortgage costs (if financing) | €1,500–4,000 |
| Total purchase costs (resale) | ~10–13% of purchase price |
| Total purchase costs (new build) | ~13–15% of purchase price |
Taxes While You Own
IBI (Impuesto sobre Bienes Inmuebles) — Annual Property Tax
IBI is Spain's equivalent of council tax or property tax. It's calculated on the cadastral value (valor catastral) of the property, which is typically well below market value. The rate varies by municipality. In Málaga, IBI for a typical apartment runs €400 to €1,200 per year. Villas with larger land plots (such as those in El Limonar) can be higher.
IBI is payable annually, typically in a lump sum or in two installments. You can set up a direct debit (domiciliación) with the Málaga City Council (Ayuntamiento) for automatic payment.
Basura (Waste Collection Tax)
A separate annual municipal tax for waste collection, approximately €50–100 per year in Málaga. Small but should be accounted for.
Non-Resident Income Tax (Impuesto sobre la Renta de No Residentes — IRNR)
This is the tax that surprises most international buyers. If you own property in Spain and are NOT a Spanish tax resident, you owe annual income tax in Spain — even if you don't rent the property out.
For non-rented properties: the tax is calculated on an "imputed rental income" (renta imputada) of 1.1% to 2% of the cadastral value, taxed at 19% (EU/EEA residents) or 24% (non-EU residents). On a typical apartment with a cadastral value of €100,000, this amounts to approximately €200–500 per year.
For rented properties: the tax is on actual rental income. EU/EEA residents can deduct expenses (maintenance, community fees, insurance, IBI) and pay 19% on the net income. Non-EU residents pay 24% on gross rental income with no deductions — a significantly worse deal.
This tax must be filed annually using Modelo 210, due by December 31 of the following year for imputed income, or quarterly for rental income. Many non-resident owners hire a fiscal representative (representante fiscal) or tax advisor to handle the filing.
Wealth Tax (Impuesto sobre el Patrimonio)
Spain levies a wealth tax on assets above certain thresholds. Non-residents pay wealth tax only on their Spanish assets. As of 2026, the first €700,000 of Spanish assets is exempt for non-residents. Above that threshold, rates range from 0.2% to 3.5% on the excess. Most buyers with a single property below €700,000 in value will not owe wealth tax. Buyers in the Golden Visa bracket (€500,000+) should factor this into their calculations.
Note: Wealth tax rules have been subject to changes, and a "Solidarity Tax" on very large fortunes was introduced in 2023. Current rates and thresholds should be verified with a tax advisor.
Taxes When You Sell
Capital Gains Tax (Impuesto sobre la Renta — Ganancia Patrimonial)
When you sell a property in Spain at a profit, the capital gain is taxed. For non-residents, the rate is a flat 19%. For residents, rates are progressive: 19% on the first €6,000 of gain, 21% on €6,000–50,000, 23% on €50,000–200,000, and 26% above €200,000.
The capital gain is calculated as the selling price minus the purchase price and allowable costs (purchase taxes, legal fees, documented improvement costs). If you've renovated the property, keep all invoices — documented renovation costs reduce your taxable gain.
3% Retention for Non-Residents
When a non-resident sells property in Spain, the buyer is legally required to withhold 3% of the purchase price and pay it directly to the Spanish tax authorities (Hacienda) as an advance payment on the seller's capital gains tax. This is not an additional tax — it's a withholding mechanism. If the actual capital gains tax owed is less than the 3% withheld, the seller can file for a refund (which can take months to process).
Plusvalía (Municipal Capital Gains Tax)
Plusvalía is a municipal tax on the increase in land value since the property was last transferred. It's calculated by the local council based on the cadastral value and the number of years owned. The amount varies but is typically €500–3,000 for a standard apartment held for several years. Historically paid by the seller, though the contract can stipulate otherwise.
Common Mistakes to Avoid
Mistake 1: Forgetting the non-resident income tax. This is the most commonly overlooked obligation. Even if your apartment sits empty 365 days a year, you owe the imputed income tax annually. Failure to file results in penalties and interest.
Mistake 2: Not keeping renovation receipts. Every euro you spend on documented improvements (with proper invoices from registered businesses) reduces your capital gains tax when you sell. Keep receipts for renovations, major repairs, and upgrades.
Mistake 3: Declaring a purchase price below market value. Some buyers and sellers agree to declare a lower price in the escritura to reduce transfer tax. This is tax fraud. The tax authorities cross-reference declared values against fiscal reference values and will issue supplementary assessments with penalties. Your lawyer should advise on the correct approach.
Mistake 4: Not appointing a fiscal representative. Non-residents who own property in Spain should appoint a fiscal representative (often their lawyer or tax advisor) to handle tax filings and communications with Hacienda. Without one, tax notices can go undelivered, leading to missed deadlines and penalties.
Buying tool
Run the numbers before you commit to a viewing plan
Use Denise’s Málaga calculator to estimate taxes, notary, mortgage costs, and annual ownership expenses before you lock in your budget.
This page is general guidance only and should not be treated as legal or tax advice. For a specific purchase, consult a qualified Spanish lawyer and the appropriate professionals for your situation.
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Published by Denise Guerrero
FAQ
How much tax do I pay when buying property in Málaga?
For resale property in Andalucía: 7% transfer tax (ITP) on the purchase price, plus approximately 3–6% in additional costs (notary, registry, lawyer). Total: approximately 10–13% on top of the purchase price. For new build: 10% VAT (IVA) plus 1.5% stamp duty (AJD) plus the same additional costs. Total: approximately 13–15%.
What is IBI and how much is it?
IBI (Impuesto sobre Bienes Inmuebles) is the annual property tax, similar to council tax. In Málaga, IBI for a typical apartment ranges from €400 to €1,200 per year, calculated on the property's cadastral value. Villas and larger properties with higher cadastral values pay more. IBI is payable to the Málaga City Council and can be set up on direct debit.
Do I have to pay tax in Spain if I don't live there but own property?
Yes. Non-residents who own property in Spain owe annual income tax (IRNR, Modelo 210) on imputed rental income — even if the property is not rented. This typically amounts to €200–500 per year for a standard apartment. If you rent the property out, you owe tax on the actual rental income instead. EU/EEA residents can deduct expenses and pay 19%. Non-EU residents pay 24% on gross income with no deductions.
What is the capital gains tax when selling property in Spain?
Non-residents pay a flat 19% on the capital gain (selling price minus purchase price minus allowable costs). Residents pay progressive rates from 19% to 26%. Additionally, the buyer must withhold 3% of the purchase price as an advance payment to the tax authorities. A municipal capital gains tax (plusvalía) is also payable. Keep all purchase receipts, improvement invoices, and transaction cost records to minimize your taxable gain.
What is the 3% retention when selling as a non-resident?
When a non-resident sells property in Spain, the buyer is legally required to retain 3% of the sale price and pay it directly to the tax authorities as a prepayment on the seller's capital gains tax. This is not an extra tax — it's a withholding against your final tax liability. If the 3% exceeds your actual capital gains tax, you can apply for a refund, though processing typically takes several months.
Is there a wealth tax on property in Spain?
Yes. Spain levies a wealth tax on net assets above certain thresholds. Non-residents are taxed only on Spanish assets. The first €700,000 is exempt for non-residents. Above that, rates range from 0.2% to 3.5%. Most buyers with a single property below €700,000 in market value will owe no wealth tax. Buyers investing at or above the Golden Visa level (€500,000+) should discuss wealth tax implications with a tax advisor.
How is the fiscal reference value (valor de referencia) used?
The fiscal reference value is a government estimate of a property's market value, used to determine the minimum taxable base for transfer tax. If you declare a purchase price below this reference value, you'll pay transfer tax on the reference value rather than the lower declared price. If the reference value is above your actual purchase price and you believe it's incorrect, you can challenge it — but this requires professional assistance and documentation.
What tax deductions can property owners claim in Spain?
Resident property owners who rent their primary residence receive limited deductions. Non-resident EU/EEA owners who rent out their Spanish property can deduct documented expenses: community fees, IBI, insurance, maintenance, management fees, and depreciation (3% of the building value annually). Non-EU non-residents cannot deduct expenses from rental income — a significant disadvantage.
Do I need to file Spanish tax returns if I own property?
Yes. Non-residents who own property in Spain must file an annual income tax return (Modelo 210) declaring either imputed rental income (if not rented) or actual rental income. If the property is rented, quarterly filings may be required. Failure to file results in penalties. Most non-resident owners hire a fiscal representative or tax advisor to handle filings — typical cost is €150–300 per year for a single property.
Are there any tax benefits for primary residence in Spain?
Residents who sell their primary residence and reinvest the proceeds in a new primary residence within two years are exempt from capital gains tax on the sale. This exemption does not apply to non-residents or to second homes. Residents over 65 selling their primary residence are fully exempt from capital gains tax regardless of reinvestment. These are significant advantages of becoming a tax resident — discuss with your advisor whether residency makes sense for your situation.
How does rental income tax work for non-residents?
EU/EEA non-residents pay 19% income tax on net rental income (gross rent minus allowable deductions). Non-EU non-residents pay 24% on gross rental income with no deductions permitted. The difference is significant: on €12,000 annual gross rent with €4,000 in deductible expenses, an EU resident pays 19% × €8,000 = €1,520. A non-EU resident pays 24% × €12,000 = €2,880 — nearly double. American buyers should note that the US-Spain tax treaty may provide some relief, but the gross-income rule still applies to the Spanish filing.
Should I get a tax advisor for my Spanish property?
Unless your tax situation is very simple (single property, no rental income, EU citizen), yes. The interaction between Spanish property taxes, your home country's tax obligations, any applicable tax treaties, and your residency status creates genuine complexity. A qualified tax advisor with experience in international property ownership typically costs €300–500 for an initial consultation and €150–300 per year for ongoing filings. It's one of the most worthwhile professional fees in the entire buying process. Get in touch and we can recommend tax advisors experienced with international property owners in Málaga.
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