The 3% withholding when a non-resident sells

Key rules

• Withholding: The buyer holds back 3% of the price and pays it to the tax agency as an advance on your tax.
• Deadlines: The buyer pays within one month of the deed, and you file your final return within 3 months of the sale.
• Return required: You must file even if you made no gain, and that is also how you reclaim any excess.
• Not final tax: The 3% is credited against your real tax, so it can be too much or too little.

What is held back from your price

The buyer keeps 3% of the price and pays it to the tax agency on your behalf. You receive the price minus that 3%. It is not an extra fee and it is not your final tax. It is an advance on the tax you owe on your gain.

This applies when you are a non-resident for tax purposes, whether you are a person or a company. It does not apply if you are a Spanish tax resident.

How it counts against your tax

Your real tax is worked out on the gain, not on the price. For 2025, the gain is taxed at 19% if you live in the EU or EEA and 24% if you live elsewhere. Rates can change, so check the current rate when you file.

The 3% is credited against that tax. Two outcomes are possible:

• The tax on your gain is more than the 3%. You pay the difference when you file.
• The tax on your gain is less than the 3%, or you made a loss. You can reclaim the excess.

If you expect the tax to be well below 3% of the price, you can ask the tax agency before the sale to reduce the amount held back.

Getting proof the buyer paid

The buyer pays the retained amount within one month of the deed, using modelo 211. Ask the buyer for a copy of the form with the bank payment confirmation. You need it as proof when you file. The buyer is responsible if the 3% is not withheld, but do not rely on that. Get the proof.

Filing your return and reclaiming the excess

You file the final tax return, modelo 210, within 3 months of the sale. Do this even if you made no gain or the tax due is zero. The retention does not replace the return.

In the return, state the amount retained and attach the proof of payment, the sale deed and the documents that support your gain or loss. If the 3% is more than the tax due, ask for a refund of the excess and give a bank account for it. The tax agency reviews the claim and pays the refund. It may ask for extra documents, and refund times vary.

The timeline, documents list and questions below cover the dates and papers in more detail. The buyer's side of the process is covered in the buyer-side retention article.

Timeline and deadlines

• The buyer holds back 3% of the price and pays it from the price at the deed: at the deed

• Ask the buyer for the modelo 211 copy with the bank payment confirmation: after the buyer has paid

• Last date to file or claim a refund: 4 years from the end of the filing period

Documents you need

• Copy of the buyer's retention payment form (modelo 211) with the bank payment confirmation. Ask the buyer for it; it is your proof that the 3% was paid.

• The sale deed, to attach to your tax return (modelo 210) for the gain.

• Supporting documents for the gain or loss, attached to your return, especially if you are asking for a refund of the excess.

• A bank account where the tax agency can pay any refund, needed only if the 3% is more than the tax due.

Frequently asked questions

Is the 3% my final tax when I sell as a non-resident?

No, the 3% held back is not your final tax, only an advance on it. Your real tax on the gain is 19% if you live in the EU or EEA and 24% if you live elsewhere. You settle it when you file your own return.

Do I still have to file a return if I made no gain on the sale?

Yes, you must still file the return even when the tax due is zero. The 3% held back stays with the tax agency until you file, and the return is also how you ask for it back.

Can I ask for a lower amount to be held back before the sale?

Yes, you can ask the tax agency beforehand for a reduced retention if your expected tax is lower than 3% of the price. This avoids waiting for a refund afterwards.

What happens if the buyer does not hold back the 3%?

The buyer is the one responsible if the 3% is not held back. Make sure the amount is taken from the price at the deed so it can be paid to the tax agency.