The 3% retention when selling in Spain: how to claim it back and how long it takes

By Nick Van de Velde · Last updated: 30 August 2026

If you sell your Spanish property as a non-resident, the buyer is legally required to withhold 3% of the sale price and pay it directly to the Spanish tax office. That is not an extra tax but an advance on your capital gains tax. If you made less profit, or none at all, you claim that advance back (in part or in full). For the refund, budget about a year.

Why does the retention exist?

Simple: the Spanish tax office wants to be sure that a seller living in Belgium or the Netherlands actually pays the tax on the profit. So the buyer is obliged to withhold 3% of the price and pay it over within a month via modelo 211. At the notary you therefore receive 97% of the sale price, not 100%.

This happens in every case, even if you sell at a loss. The buyer has no choice; if they fail to do it, they are personally liable.

The sums: advance versus actual tax

Your actual tax is 19% on the profit: sale price minus purchase price minus documented costs (purchase costs from back then, renovations with an invoice and a permit). After that, there are 3 scenarios:

• Your tax is higher than the 3%. Then you pay the difference.
• Your tax is lower than the 3%. Then you claim back the difference.
• You sold without a profit. Then your tax is zero and you claim back the full 3%.

An example: you sell for €400,000, so the retention is €12,000. Your profit after deducting costs turns out to be €30,000, so your tax is €5,700. You claim back €6,300.

How do you claim it back?

Via modelo 210, your capital gains tax return, to be filed within 4 months of the sale. In it you calculate your actual tax and request the excess amount withheld back to your bank account.

3 things determine whether this runs smoothly:

1. Your file must be complete. The purchase deed from back then, the sale deed, and the invoices for costs and renovations. The tax office asks for evidence; an incomplete file means months of extra delay.
2. Proof of the payment. You need the buyer’s copy of modelo 211 as proof that the 3% was actually paid over. Ask for it right away at the notary, not a year later.
3. A correct bank account number. A refund to a foreign account is possible, but it runs more smoothly via a Spanish one.

How long does it really take?

Budget about a year after filing. The tax office formally has 6 months to decide, but in practice it often takes longer; some 16 months is not exceptional. After that legal deadline, interest is added in your favour.

My level-headed advice to sellers: do not mentally count the 3% as part of your proceeds from day 1. See it as money that comes back later, and above all make sure the file is submitted properly the first time. That is the only part you have any control over.

This is 1 of the costs, not the only one

The retention is the best-known surprise when selling as a non-resident, but not the only cost. The complete list, from commission to plusvalía, is in my guide on the selling costs. And what is left net in your case, you work out yourself with the net-proceeds report. The complete selling process is on the selling page.

Questions about this

Further reading

• What does it cost to sell a house on the Costa Blanca? The full list (2026)