NON-RESIDENT TAXATION WITH PROPERTIES LOCATED IN SPAIN

Compartir:

Non-resident taxation

Non-resident taxation: Types of income from real estate in Spain.

Income derived from real estate located in Spain is subject to Non-Resident Income Tax.

If a property is owned by several individuals, each of them is an independent taxpayer who must file separate returns.

The incomes that taxpayers who own real estate can obtain are:

1-Imputed income from urban real estate for own use

Domestic regulation

In accordance with article 13.1.h) of the Non-Resident Income Tax Law (LIRNR), non-resident taxpayers who are individuals, owners of urban real estate located in Spanish territory, used for their own use or vacant, are subject to Non-Resident Income Tax for the imputed income corresponding to those properties.

Agreement

According to the Agreements to avoid double taxation, incomes obtained from real estate may be subject to taxation in the State where the properties are located, whether derived from direct use or enjoyment, leasing, or any other form of exploitation thereof.

Non-resident taxation

The taxable base corresponding to the imputed income from urban real estate located in Spanish territory shall be determined by computing as income the amount resulting from applying the percentage corresponding to the cadastral value of the property, 1.1% if the cadastral value is updated; or 2% in other properties.

Tax shall be levied on the aforementioned taxable base, without deducting any expenses.

The applicable tax rate is the current general rate:

  • Residents of the EU, Iceland, Norway, and, since 11-07-2021, Liechtenstein: 19%
  • Other taxpayers: 24%
2-Returns from leased properties

Domestic regulation

In accordance with article 13.1.g) of the LIRNR, income derived, directly or indirectly, from real estate located in Spanish territory or rights relating thereto are considered income obtained in Spanish territory.

Agreement

The Agreements signed by Spain attribute the power to tax incomes from real estate to the State where they are located. According to the Agreements, incomes from real estate may be subject to taxation in the State where they are located, whether derived from direct use or enjoyment, leasing, or any other form of exploitation thereof. Therefore, incomes derived from real estate located in Spain may be taxed in accordance with Spanish law.

Non-resident taxation

Incomes obtained must be taxed separately for each total or partial accrual of income subject to taxation.

In general, the taxable base shall consist of the gross amount, i.e., without deduction of any expenses.

In the case of leased properties, the full amount received from the tenant for all concepts shall be computed as income, including, if applicable, the amount corresponding to all assets transferred with the property and excluding Value Added Tax.

If the property is only leased for part of the year, the income shall be determined as in the previous paragraph, for the months the lease lasted, and for the remaining months, the proportional part of the imputed income shall be calculated (1.1% or, if applicable, 2% of the cadastral value).

The applicable tax rate is the current general rate:

  • Residents of the EU, Iceland, Norway, and Liechtenstein: 19%
  • Other taxpayers: 24%
3-Capital gains derived from transmission

Domestic regulation

In accordance with article 13.1.i) of the LIRNR, capital gains derived from real estate located in Spanish territory are considered income obtained in Spanish territory.

Agreement

According to the Agreements signed by Spain, gains derived from the sale of real estate located in Spanish territory may be subject to taxation in Spain.

Non-resident taxation

Incomes obtained without the intervention of a Permanent Establishment must be taxed separately for each total or partial accrual of income subject to taxation.

The taxable base corresponding to capital gains shall be determined, in general, for each alteration of assets, following the rules of Personal Income Tax (IRPF). Gains shall be calculated as the difference between the transmission and acquisition values.

The applicable tax rate is 19%.

Deductions: Only deductions for donations and the withholding tax practiced by the acquirer of the property may be deducted from the tax liability.

Withholding tax

The person acquiring the property, whether resident or not, is obliged to withhold and pay to the Public Treasury 3% of the agreed consideration. This withholding serves as an advance payment of the tax due on the gain derived from the transmission.

Need help with your non-resident taxation? Contact us!

www.feliu.biz

www.expatfeliu.com

Otras Noticias

CHILE INTRODUCES REFORM PROPOSAL WITH SIGNIFICANT TAX AND REGULATORY IMPLICATIONS FOR BUSINESSES

Chile is currently considering a comprehensive legislative reform that introduces a range of tax, regulatory and administrative measures with the potential to reshape the country’s business and investment environment. Although the proposal must still complete the legislative process before becoming law, it already outlines significant changes that companies operating in, or planning to invest in,

Leer más »

THE PORT OF BARCELONA AND THE PORT OF SHANGHAI SIGN A STRATEGIC AGREEMENT: OPPORTUNITIES FOR SPANISH COMPANIES IN CHINA AND CHINESE COMPANIES IN SPAIN

On 10 June 2026, the Port of Barcelona, the Shanghai Municipal Transportation Commission (SMTC) and the Shanghai International Port Group (SIPG) signed a new strategic cooperation agreement officially establishing the “sister ports” relationship between both infrastructures. The agreement consolidates years of joint work and creates a formal framework for technical collaboration between two of the

Leer más »

SPAIN IS BACK ON THE EUROPEAN INDUSTRIAL MAP, AND IT IS NO COINCIDENCE

Forty years ago, major German, French, and Nordic companies looked south and saw an opportunity. Spain had just joined the European Economic Community, operating costs were competitive, and access to the Single Market was guaranteed. Volkswagen acquired SEAT. Ford chose Valencia to manufacture vehicles for export across Europe. The chemical, aerospace, and automotive components industries

Leer más »
Scroll to Top
Privacy Overview
Feliu N&I

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Cookies necesarias

Las cookies necesarias tiene que activarse siempre para que podamos guardar tus preferencias de ajustes de cookies.

Analytics

This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages.

Keeping this cookie enabled helps us to improve our website.