Selling Costs & Taxes (Seller Guide)

1) Typical Seller Costs

• Agency commission: normally 5 % + IVA (21 %) of the agreed sale price, deducted from the seller’s proceeds at completion.
• Lawyer’s fees: around 1 % + IVA; include due-diligence, contract prep & tax declarations.
• Energy certificate (EPC): required to market / complete; ~€150–€250.
• Mortgage cancellation & registration: ~€900–€1 400 if applicable (notary, registry & bank admin).

Most of these can be settled directly at completion via the notary, allowing you to receive net funds without separate payments.

2) Capital Gains Tax (CGT)

Calculated on the profit (sale – purchase – verified costs).
For 2025 the rates are:

• Non-residents: flat 19 % CGT.
• Residents: progressive 19 – 28 % depending on total gain.

Non-resident sellers have 3 % of the sale price automatically withheld by the buyer at completion.
Your lawyer files Modelo 211 to declare the gain & reclaim any over-withheld amount.

• Deductible: purchase taxes, notary/registry, refurbishment with invoices.
• Declare within 4 months of completion (Modelo 210).

3) Plusvalía Municipal (Town-Hall Tax)

Charged by Benahavís Town Hall on the increase in land value between purchase and sale.
For most apartments or newer homes it’s modest — often under €1 000 – €2 000.

• Based on cadastral land value and ownership years.
• Exempt if sold at a loss (proof required).
• Declared & paid within 30 days after completion.

4) Resident Exemptions & Special Cases

• Main-home reinvestment: Spanish tax residents reinvesting the proceeds into another principal residence can be exempt from CGT.
• Seniors (≥65 yrs): full exemption if selling your main home held > 3 years.
• Joint ownerships: each owner taxed separately on their share.

Non-residents do not qualify for these reliefs but may deduct legitimate buying & improvement costs.

5) Timeline & Essential Paperwork

• Copy of Escritura (title deed) & latest IBI receipt.
• Energy Certificate (EPC) and ID / NIE numbers.
• Community fees and utility balances cleared before completion.
• CGT return filed within 4 months; Plusvalía within 30 days.

Worked Example — Benahavís Apartment Sold in 2025

Example: non-resident sells a Benahavís apartment for €850 000, originally bought for €650 000.

Indicative only — exact figures depend on deductible costs, ownership period and lawyer’s final tax calculation.