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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Legal tip 1517.Selling in Spain as a Non-Resident: 10 Things You’ll Want to Know (2025)
Sunday, October 19, 2025

Quick take

  • Goal: help you estimate your real take-home before you list.

  • What matters most: sale price, agent fee, your original purchase data, improvements, 3% withholding, CGT (19%), plusvalía.

  • What you get below: straight answers + a one-page case study.


The Top 10 Questions (no jargon, just answers)

1) Can I sell if I’m not a resident?
Yes. Residency isn’t required. You’ll pay tax under the non-resident rules.

2) What CGT rate applies in 2025?
For most non-residents it’s 19% on the net gain (treaties may tweak outcomes).

3) How do I work out the gain?
Sale price
– selling costs (agent, notary, registry, admin)
– purchase price
– original purchase taxes/fees
– documented improvements
= taxable gain.

4) What’s the 3% retention everyone mentions?
The buyer withholds 3% of the price and pays it to the Tax Office up front. It’s credited against your final CGT (you may owe more, or get a refund).

5) When do I file my return after completion?
Within 4 months (Form 210) to settle the final position or claim the refund of that 3%.

6) How long do refunds take?
Plan on 6–12 months, depending on paperwork and processing.

7) Do I pay Plusvalía municipal?
Usually yes. Since 2021 there are two methods; you can use the more favourable. It’s based on the land’s cadastral value and years owned.

8) Are agency fees deductible? What else?
Yes. Agent commission (often 3%–6% + 21% VAT), notary, registry and sale-related admin/legal fees are all deductible when calculating the gain.

9) Can I deduct renovations?
Capital improvements with invoices in your name can reduce the gain (routine maintenance does not).

10) What do notaries typically ask for on the day?
Passport/NIE, title deed, latest IBI bill, energy certificate, bank details. Some notaries may also ask for a habitation certificate.


Case Study (illustrative only)

Item Amount (€)
Sale price 800,000
Purchase price (10 years ago) –400,000
Purchase costs (≈10%) –40,000
Capital improvements (with invoices) –30,000
Agency fee (4% + VAT = 4.84%) –38,720
Other sale costs (notary/registry/admin) –2,500
Taxable gain ≈289,780
CGT (19%) –55,058
Plusvalía (example) –8,000
3% withholding at completion –24,000 (advance toward CGT; later offset/refund as applicable)
Approx. net after tax & costs ≈672,000–680,000 (depending on refund outcome)

Want your 2025 net number before you list?

Email these five items in one go:

  1. Estimated sale price

  2. Purchase price + year

  3. Expected agency fee (%)

  4. Purchase taxes/fees paid at the time

  5. Renovations with invoices (if any)

We’ll reply with an indicative 2025 net-proceeds breakdown including scenarios (e.g., 3% vs 5% commission, with/without improvements) so you know your likely take-home before making a decision.


About the author
María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. Costaluz Lawyers has been sharing practical guides with the EyeOnSpain community since 2006 and appears on the recommended lawyers lists of the UK and Ireland embassies. Updated: 19 Oct 2025.



Like 4        Published at 7:59 PM   Comments (2)


Legal tip 1516.When UK Probate Needs Spanish Law: How an Expert Affidavit Unblocked a Grant
Friday, October 17, 2025

Published: October 2025 — Information valid at time of publication.

A UK executor came to us mid-process: the Probate Registry had paused their application with a one-liner—

“Please provide an affidavit explaining the relevant Spanish succession law.”

Classic cross-border snag. The deceased had ties to Spain, so the Registry needed clarity on which rules applied and what the executor could actually do with Spanish assets.

Snapshot

  • Problem: UK Probate Registry requested a Spanish-law affidavit.

  • Our work: Fact review (domicile, wills, assets) → expert affidavit under EU Succession Regulation 650/2012 covering legítimas (forced heirship) and executor powers → notarisation + apostille.

  • Outcome: Affidavit accepted; Grant of Probate issued without further queries.

How we solved it

1) Pin down the law that governs

We verified domicile/habitual residence, checked for UK and/or Spanish wills, and listed Spanish assets. With that, we confirmed the applicable law under Reg. 650/2012 and whether Spain’s forced-heirship rules affected the distribution.

2) Draft a clear, court-ready affidavit

We produced an English-language expert affidavit that:

  • Summarises the relevant provisions of Spanish succession law.

  • Explains who the heirs are under that law.

  • Sets out executor/administrator powers over Spanish property.

It was sworn before a notary and apostilled for UK use.

3) File, accept, move on

The executor filed the affidavit with the application. The Registry accepted it without follow-up, and the Grant issued—letting the estate move forward.

Why this matters

Cross-border estates don’t have to stall. A precise, credible Spanish-law affidavit translates the legal systems, reduces Registry back-and-forth, and protects timelines.

What we deliver

  • Expert affidavit under Reg. 650/2012 tailored to your facts.

  • Practical analysis of legítimas and any elective choices of law.

  • Clear mapping of executor powers for Spanish assets.

  • Notarisation and apostille arranged end-to-end.

FAQ

Will the UK Probate Registry accept it?
Yes—when drafted by a qualified Spanish-law expert, in English, properly notarised (and apostilled if sworn abroad).

How long does it take?
Typically a few days to two weeks once we have everything.

What documents do you need from me?

  • Copies of all wills (UK/Spain)

  • Evidence of domicile/habitual residence

  • Family details and marital property regime

  • List of Spanish assets (with basic title info)

  • The exact wording of the Registry’s request

Stuck on a “Spanish law affidavit” request?

We prepare Spanish-law affidavits for probate applications across England & Wales and Spain—clear, compliant, and designed for swift acceptance.

Contact us
Service areas: Spain · England & Wales

Author: María de Castro, Abogado (Spain)



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