When a non-resident owner sells a property in Spain, the first question is almost always the same: “in the end, how much do I actually get?” Between the 3% retention, capital gains tax and French taxation, the maths can feel intimidating. Here are the rules, explained simply, so you know what to expect before putting your property on the market.
The 3% retention: what it is and who pays it
If you are a non-resident for tax purposes in Spain, the buyer is legally required to withhold 3% of the sale price and pay it directly to the Spanish tax office. It is not an extra tax: it is an advance payment on your capital gains tax (the IRNR). On the day of signing, you therefore receive only 97% of the price.
Calculating your real capital gain
The taxable capital gain is the difference between your sale price and your purchase price, minus deductible costs: notary and registration fees at purchase, agency commission, and certain renovation works backed by invoices (learn more about selling costs in Spain). For a resident of the European Union, this gain is taxed at 19% in Spain.
At Buenapart, this part is handled for you. We work with trusted partners, French, Spanish and English speaking, to manage this type of taxation and the related paperwork. It is a service provided directly by the agency, so you do not have to find the right contact on your own.
Reclaiming the overpayment with Modelo 210
Often, the 3% withheld by the buyer is higher than the tax actually due on your gain, especially if you have little or no capital gain. In that case, you can claim the difference back by filing the Modelo 210 form, within four months of the sale. Many sellers overlook this step and leave money on the table.
And in France? Avoiding double taxation
The tax treaty between France and Spain prevents you from being taxed twice on the same gain. You declare the sale in France, but the tax already paid in Spain gives you a tax credit. The exact terms depend on your situation, which is why it is worth confirming with a professional.
A word of caution: every situation is different (year of purchase, works carried out, tax residence, amount of the gain). The rules above set the framework, but personalised advice remains recommended before you sell, and that is exactly what we put in place with you.
Simulation: what a seller actually gets
Let’s take a concrete example, for a property sold at €200,000:
- Sale price: €200,000
- 3% retention paid to the Spanish tax office (advance, partly recoverable): €6,000
- Agency fee (2%): €4,000
- Municipal plusvalía (plusvalía municipal): €1,500
- Net received on the day of signing: €188,500
Good news: of the €6,000 retention, part can be refunded to you through the Modelo 210 if the tax actually due on your gain is lower than this advance. This is where guidance makes the difference.
How Buenapart secures your sale and your taxation from start to finish
From valuation to the final payment, our French-speaking agency coordinates the sale and guides you on the tax side, so that you know from the outset what you will actually pocket. Also take a look at the Valencia market in 2026 to sell at the right time.