Independent legal advice for property buyers in Sotogrande+34 620 86 80 12Mon to Fri, 9:00 to 17:00
Esther Pujol Wilkie& Associates · AbogadosEN / ESGet in touchES
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Selling a Property in Spain

We look after the sale from beginning to end, including everything that follows it.

Since 1983Qualified in Barcelona
SotograndeBased here since 1988
3 jurisdictionsUK, Gibraltar & Spain
EN / ESFluent in both languages
Keys handed over on completion of a Spanish property purchase

Preparing the file

A sale goes far more smoothly when the paperwork is ready before a buyer appears. We gather what is needed and resolve anything outstanding, so that when an offer comes you are in a position to proceed.

What we put in order

  • The nota simple, confirming the registry position matches what is being sold
  • A certificate from the community confirming nothing is outstanding
  • IBI receipts and the energy performance certificate
  • Licencia de primera ocupación where it applies
  • Evidence of what the property cost you and of any improvements made
  • Utility accounts, confirmed as current

Tax on the sale

Where the seller is not resident in Spain, the buyer is obliged to retain a percentage of the price and pay it to the tax authority on account of the tax on the gain. Where that exceeds the amount actually due, the excess can be reclaimed, and we make that filing for you.

There is also the municipal tax on the increase in land value, normally payable by the seller. We calculate both, together with what may properly be deducted, and set the figures out for you before completion.

If you are not in Spain

As with a purchase, a power of attorney allows us to complete the sale on your behalf and to deal with the filings that follow. For a seller living abroad it is usually the most practical arrangement, since that work continues for some months afterwards.

Common questions

Why is the buyer withholding part of the price?

Because you are not tax resident in Spain. The buyer is legally obliged to retain a percentage and pay it to the tax authority on account of the tax on your gain. It is standard on every non resident sale.

Can I get that money back?

Where the retention is more than the tax actually due, yes, by filing within the prescribed period with the acquisition paperwork in support. We take care of it, though refunds do take some months to arrive.

What reduces the taxable gain?

The costs of acquiring the property and documented improvements to it, along with the costs of selling. Keeping invoices for work done is well worth it, and we will tell you what qualifies.

Can I sell without travelling to Spain?

Yes, under a power of attorney. We complete on your behalf and handle the tax filings and any reclaim afterwards.

This page gives general information about Spanish law and is not legal advice. Every case turns on its own facts and should be assessed individually.

Get in touch

Write to Esther

Tell me a little about what you are planning and I will reply personally, usually within one working day.

Office
Guadalmarina 1, Portal 3, 2E
La Marina de Sotogrande
11310 San Roque, Cádiz
Telephone
+34 620 86 80 12
Email
esther@pujolwilkie.com
Hours
Mon to Fri, 9:00 to 17:00
Languages
English and Spanish
Get in touchCall the office