What are the capital gains tax rates for Spanish residents in 2025?

Gains fall into the savings income base and are taxed progressively: 19% on the first EUR 6,000, 21% on EUR 6,001 to 50,000, 23% on EUR 50,001 to 200,000, 27% on EUR 200,001 to 300,000, and 30% on amounts above EUR 300,000. The 30% top rate was introduced by Ley 7/2024 with effect from 1 January 2025, replacing the prior 28% ceiling.

Do autonomous communities in Spain set their own capital gains rates?

No. The savings income scale that governs capital gains is set at national level under the LIRPF. Autonomous communities have normative power over the general income scale (which covers wages and pensions) but not over the savings base. All regions apply the same progressive 19% to 30% brackets to capital gains, regardless of whether the taxpayer resides in Madrid, Cataluna, or Andalucia.

How does the main-home reinvestment exemption work in Spain?

Under Article 38.1 of the LIRPF, the gain on a habitual residence sale is exempt in proportion to the proceeds reinvested in a new habitual residence within two years before or after the sale. The property must have been continuously occupied as the principal home for at least three years. Reinvesting all proceeds produces a full exemption; partial reinvestment yields a proportional one.

What is the 3% withholding rule when a non-resident sells Spanish property?

Under Article 25.2 of the IRNR Law, the buyer must withhold 3% of the agreed sale price and pay it to AEAT via Modelo 211 within one month of the transfer. This acts as an advance payment. The non-resident seller then files Modelo 210 within four months to declare the actual gain and either claim a refund of the excess retention or settle any shortfall.

Are sellers aged 65 or over fully exempt from Spanish capital gains tax?

Sellers aged 65 or over are fully exempt on the gain from their habitual residence under Article 33.4(b) of the LIRPF, with no reinvestment required. Separately, Article 38.3 exempts gains on any asset if proceeds up to EUR 240,000 are applied within six months to purchase a qualifying immediate lifetime annuity. Both reliefs are conditional on specific statutory tests and a qualified professional should verify eligibility.

Capital gains tax in Spain — Rates, Rules & Filing

Spain taxes capital gains inside a ring-fenced savings income base (renta del ahorro) that sits entirely apart from the general income scale used for wages and pensions. For residents and non-residents alike, understanding which base applies and what procedural steps the Spanish Tax Agency (Agencia Estatal de Administracion Tributaria, AEAT) requires is the starting point for any property or investment disposal.

Consult a qualified tax professional registered with AEAT or a recognised Spanish bar association before acting on any information on this page. Rules in this area change annually.

What rates apply to capital gains for Spanish tax residents?

Under Articles 46 to 49 of the Personal Income Tax Law (Ley 35/2006, LIRPF), capital gains from asset transfers are classified as savings income and taxed on the following progressive scale. The top marginal rate was raised from 28% to 30% on gains above EUR 300,000 by Ley 7/2024, with effect from 1 January 2025. [1][2]

Savings base band (EUR)	State rate	Combined top-up rate
0 - 6,000	9.5%	19%
6,001 - 50,000	10.5%	21%
50,001 - 200,000	11.5%	23%
200,001 - 300,000	13.5%	27%
Above 300,000	15%	30%

The combined rate shown is the aggregate of the state portion and the autonomous-community (regional) complementary portion. Unlike the general income scale, the savings base rates are set at national level and autonomous communities do not legislate separate savings brackets; regional variation affects only the general scale. [2]

Holding period does not reduce the rate. A gain realised after six months is taxed identically to one realised after twenty years. Gains are computed as the transfer value (sale price net of allowable selling costs such as agent commissions and notarial fees) minus the acquisition value (original purchase price plus ITP or VAT paid on acquisition, plus documented structural improvements, minus depreciation previously deducted if the asset was rented).

How does the principal-residence reinvestment exemption work?

Article 38.1 of the LIRPF and Article 41 of the IRPF Regulation (Real Decreto 439/2007) exempt the capital gain on the sale of a habitual residence (vivienda habitual) to the extent the proceeds are reinvested in a new habitual residence. The reinvestment window is two years before or after the sale date. Reinvestment of 100% of the proceeds extinguishes the entire gain; partial reinvestment yields a proportional exemption. [1]

To qualify as the habitual residence the property must have been continuously occupied as the taxpayer's principal home for at least three years before disposal, with narrowly defined exceptions for job relocation, marital breakdown, serious disability, or death. AEAT binding consultation V0156-23 confirmed that mortgage proceeds on the new home do not substitute for actual cash reinvestment of sale proceeds. Reinvestment in a property located in another EU or EEA member state qualifies, provided the property becomes the taxpayer's habitual residence within the statutory window.

What reliefs are available to sellers aged 65 and over?

Two independent exemptions operate at age 65 or above. [1]

First, Article 33.4(b) of the LIRPF fully exempts the capital gain on disposal of the seller's habitual residence with no reinvestment requirement, provided the three-year occupation test is satisfied. The gain is removed entirely from the savings base.

Second, Article 38.3 of the LIRPF allows a seller aged 65 or over to exempt the gain on any asset, not only a principal home, if the net proceeds are applied within six months to purchase a qualifying immediate lifetime annuity (renta vitalicia). The lifetime reinvestment cap is EUR 240,000 across all disposals. The annuity must be irrevocable and must make its first payment within one year of the contract date. The exemption applies proportionally if only part of the proceeds is annuitised.

How are non-residents taxed on Spanish-situs capital gains?

Non-resident individuals disposing of Spanish-situs assets are subject to Non-Resident Income Tax (Impuesto sobre la Renta de No Residentes, IRNR), governed by Real Decreto Legislativo 5/2004. Capital gains from asset transfers are taxed at a flat rate of 19% for residents of EU and EEA member states (including Iceland, Norway, and Liechtenstein), and at 24% for residents of all other countries. [3]

A mandatory 3% retention applies on the gross sale price for any sale of Spanish real estate by a non-resident: the buyer withholds 3% of the agreed consideration and remits it to AEAT via Modelo 211 within one month of transfer. The buyer delivers a copy of Form 211 to the seller, who then files Modelo 210 within four months of the sale date to declare the actual gain. If the 3% retention exceeds the final tax due, a refund may be claimed. If the seller's actual liability is higher, the balance is payable on filing. [3]

EU and EEA non-residents may access the habitual-residence reinvestment exemption on the same terms as residents, provided they establish the new home within the EU or EEA.

For a full overview of how Spanish tax rules interact with other jurisdictions visit the Spain country overview. For treaty-based relief on source taxation see the tax treaty guide for Spain.

Spanish capital gains rules involve multiple intersecting rules across IRPF, IRNR, and municipal plusvalia tax. A qualified professional familiar with Spanish tax law can help evaluate which exemptions apply to a specific transaction.

Capital gains tax in Spain

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