Retención del 3 %
A 3% withholding on the price, taken at the deed when the seller is a non-resident.
When the seller is not a tax resident in Spain, the buyer is legally required to withhold 3% of the sale price and pay it to the Spanish Treasury (Modelo 211) within one month of signing. It is an advance payment on the non-resident's capital gains tax (IRNR).
It is therefore not an extra cost but an advance: if the tax actually due is lower than the amount withheld, the seller recovers the difference through the Modelo 210. If it is higher, they pay the balance.
For the seller
You don't receive that 3% on the day of the sale, but you can recover it if your actual gain is small or nil. Our net-to-seller simulator factors in this adjustment.