Published April 2025 · 11 min read · By International Inheritance Spain
Inheriting a property in Spain and then deciding to sell it is extremely common — particularly for international heirs who have no intention of using it themselves. The process involves several distinct steps and tax obligations that must be handled in the correct order. Getting the sequence wrong can cause delays, extra costs, or penalties.
You cannot sell a property you have not yet legally inherited. Before any sale can proceed, the full Spanish inheritance process must be completed:
Only once the property appears at the Land Registry in your name can you execute a sale. Banks funding the buyer's purchase will refuse to proceed without clean title in the seller's name.
ISD must be paid before or at the time of accepting the inheritance. The taxable base is the market value of the property at the date of death (usually the cadastral value × 1.1 as a minimum, or an independent valuation). This establishes your cost basis for calculating the capital gain on sale.
When you sell inherited Spanish property as a non-resident, you pay Spanish CGT on the gain at the non-resident rate:
The taxable gain is calculated as:
Sale price − Acquisition cost (value at inheritance for ISD) − Allowable costs (notary, agency, improvements)
If you sell immediately after inheriting, the gain may be small or even negative if the property value has not changed. The longer you hold before selling, the larger the potential gain.
When a non-resident sells Spanish property, the buyer is legally required to withhold 3% of the purchase price and pay it directly to the Spanish tax authority (AEAT) as an advance payment on account of the seller's CGT. This is not an additional tax — it is a prepayment.
After the sale, you (the seller) file a CGT return (Modelo 210) within three months. If your actual CGT liability is less than the 3% withheld, you receive a refund. If it is more, you pay the difference.
Example: You sell for €300,000. The buyer retains €9,000 (3%). Your actual CGT on the gain is €7,000. You receive a refund of €2,000 from the AEAT — but only if you file the Modelo 210 within three months of the sale.
The plusvalía municipal is a local tax charged by the municipality where the property is located. It is based on the official increase in land value since the last time the property changed hands (at acquisition, not at inheritance).
Following the Constitutional Court ruling of October 2021, the calculation method was changed. You can now choose between:
If the property has fallen in value since it was last purchased, you can apply to pay zero plusvalía. The seller (the heir) typically pays plusvalía — but it can be negotiated.
Before selling, ensure that all outstanding community fees (cuota de comunidad) and IBI (local property tax) are paid. Buyers' solicitors will check this as standard due diligence, and unpaid debts can block the sale or reduce the net proceeds.
Once the sale proceeds are repatriated to your home country, you may have further tax obligations. For UK residents, the gain from a foreign property sale is reportable for UK CGT purposes. For US citizens, the gain is reportable for US federal income tax purposes. Spanish CGT paid can be credited against home-country tax in most cases — but the mechanics vary and require advice from your home-country tax adviser.
The six-month deadline is strict. The sooner you contact us, the more options you have.
We guide international families through the entire process — in English, remotely, with fixed fees. Contact us today for a free initial consultation.