Spain: selling a home, the checklist from nota simple to IRPF
What to prepare before advertising, what to sign and what taxes to pay, with the articles of the law.
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Time: from preparation to the tax return
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Preparing
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If there is a mortgage, attachment or other charge, it must be cancelled or you agree with the buyer how it is paid on signing day.
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The owner orders it and it is valid for 10 years at most, 5 if the letter is G (Royal Decree 390/2021, arts. 3, 6, 13 and 15).
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The community issues it in seven calendar days; without it the deed is not authorized, unless the buyer exempts you (Horizontal Property Law, art. 9.1.e).
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The property remains liable for the IBI even if it changes owner, and the notary warns of debts (Local Finance Law, art. 64).
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The outstanding capital decides how much has to be reinvested for the IRPF exemption (IRPF Regulation, art. 41).
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They go into the acquisition value and lower the IRPF gain; conservation repairs do not (IRPF Law, art. 35.1).
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The site’s calculator shows the gain, the exemptions and the tax.
Price and agency
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From the price deduct the mortgage, the sale costs, the plusvalía and the IRPF: what is left is what you really collect.
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The label is mandatory in every offer, promotion and sales advertising (Royal Decree 390/2021, art. 15).
Offer and deposit
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The costs of executing the deed are the seller’s, and those of the first copy and later ones the buyer’s, unless agreed (Civil Code, art. 1455).
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With arras, the buyer may back out losing them and the seller returning them doubled (Civil Code, art. 1454).
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Arras are not yet the sale: the IRPF gain arises on transfer. The deed is equivalent to delivery (Civil Code, art. 1462).
The deed
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A public deed is needed to transfer rights in rem over real estate (Civil Code, art. 1280).
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If there were debts, the buyer answers with the home for the year of purchase and the three before (Horizontal Property Law, art. 9.1.e).
Taxes
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The taxpayer is the seller; if the real gain was lower, you can ask to be taxed on it (Local Finance Law, arts. 106, 107.5 and 110.2).
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It is taxed in the savings base, from 19% to 30%; in a sale between private individuals the buyer withholds nothing (IRPF Law, arts. 66, 76 and 99).
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Reinvestment counts in the two years before or after the sale; if after, you must say so in the return (IRPF Regulation, art. 41).
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It goes in section F2, capital gains and losses on property transfers (Tax Agency, Renta 2025 manual).
Tax return
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Good to know
- This list applies to selling a home in Spain as a resident. Some requirements depend on your autonomous community or town hall, and notary and registry fees vary: ask at the notary’s.
- IRPF and the municipal plusvalía are two different taxes: the first, the State’s, is paid with the following year’s tax return; the second, the town hall’s, within 30 working days of the sale.
- An inherited home, one that was rented out or one bought before 1995 has another IRPF calculation: the site’s calculator and guide say what they do not cover.
- If you sell with a mortgage, what you collect net is the price minus the outstanding capital, the sale costs and the taxes: do the sum before setting the price.
Frequently asked questions
Who pays for the deed?
The costs of executing the deed are the seller’s, and those of the first copy and later ones the buyer’s, unless agreed otherwise (Civil Code, article 1455).
Is signing the arras selling the home?
No. Arras reserve the sale: the IRPF gain arises when the home is transferred, and executing the public deed is equivalent to delivery (Civil Code, article 1462).
What happens if I back out after taking arras?
With arras, a seller who backs out returns them doubled and a buyer who backs out loses them (Civil Code, article 1454), unless the contract says otherwise.
Does the buyer inherit the community’s debts?
The buyer answers with the home itself for community debts of the overdue part of the year of purchase and the three previous years; that is why the seller must provide the debt certificate (Horizontal Property Law, article 9.1.e).
When do I pay the plusvalía and the IRPF?
The municipal plusvalía, within 30 working days of the sale (Local Finance Law, article 110.2). The IRPF, with the tax return of the year after the sale.
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
- The calculatorSpain home sale tax calculator
- The guideSpain: taxes when selling a home
- The checklistBuying a home: the checklist
- The checklistMoving house: the checklist
Sources
- Civil Code, arts. 1280, 1454, 1455 and 1462 (BOE) (in Spanish)
- Horizontal Property Law (Law 49/1960), art. 9: debts to the community (BOE) (in Spanish)
- Royal Legislative Decree 2/2004, Local Finance Law: arts. 64 and 104 to 110 (BOE) (in Spanish)
- Law 35/2006 on IRPF, consolidated text: arts. 35, 38, 66, 76 and 99 (BOE) (in Spanish)
- IRPF Regulation (Royal Decree 439/2007), art. 41: reinvestment in a main residence (BOE) (in Spanish)
- Royal Decree 390/2021, energy efficiency certification of buildings (BOE) (in Spanish)
- Tax Agency, Renta 2025 practical manual: practical case of capital gains and losses (in Spanish)
For the contract, the deed and the debts, get a notary or a lawyer to follow you; for the IRPF and the plusvalía, a gestor or tax adviser.