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300k+ tax mistakes in Spanish real estate deals
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Buying property in Spain in 2026: what every international buyer should know
Foreign buyers made 16% of all home purchases in Spain in the second quarter of 2026, the highest share on record. That is more than 26,800 purchases in three months, according to the Spanish Land Registrars. British, Dutch and German buyers lead the list.
The overall market is cooling at the same time. Total sales fell 5.7% against the previous quarter. In the Valencia region foreigners now account for 31% of purchases, and in Alicante province for 46%.
More international buyers means more contracts signed at a distance, in a foreign language and under foreign rules. These are the four changes of 2026 that matter most.
Since 1 June 2026 the general transfer tax (ITP) on resale homes in the Valencia region is 9% instead of 10%. The general stamp duty rate (AJD) fell from 1.5% to 1.4%.
On a €300,000 resale home that is €27,000 instead of €30,000. The date of the notarial deed decides, not the date of the deposit contract.
Homes above €1 million are excluded. They pay 11% on the full price, not only on the excess.
In January 2025 the Spanish government announced a tax of up to 100% on purchases by non-resident buyers from outside the EU. The bill was filed in May 2025. As of March 2026 it had still not been debated in Congress.
British, Swiss and US buyers therefore buy today under the same transfer tax rules as everyone else. The proposal targets non-residents only. Buyers with Spanish residence would not be affected.
Our advice: do not rush or cancel a purchase because of headlines. Do check the status again before you sign.
The deposit contract (contrato de arras) is signed weeks before the notary. It is where most disputes start. Three Supreme Court rulings of 2026 show why its wording matters.
Rulings & Lessons
STS 178/2026, 9 February
A seller who stays passive and does not prepare the sale is treated as having withdrawn. The buyer recovers double the deposit.
Non-resident owners file form 210 every year, even if the home is empty. The deadline for 2025 is 31 December 2026.
Two things are moving. The European Commission has opened infringement proceedings against Spain over this "imputed income" tax on non-residents. And in July 2025 the Audiencia Nacional ruled that owners living outside the EU may also deduct rental expenses.
The tax office has not yet changed its form. UK and Swiss owners who rent out their home should file, and then consider claiming a refund for the last four years.
What a safe purchase looks like
- Tax number (NIE) and, if you cannot travel, a power of attorney signed in your home country.
- Legal check of the property: land registry, charges, planning status, community debts.
- Deposit contract drafted or reviewed by your own lawyer.
- Signing at the notary, in person or through your lawyer.
- Payment of taxes, registration of title and change of utilities.
If you plan holiday lets, check the community statutes first. Since April 2025 new tourist rentals need the express approval of the owners' community.
Ahuir Law accompanies international buyers through all steps for a fixed fee
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