Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
The same Spanish property can trigger very different tax bills depending on whether its owner is a Spanish tax resident or not — different forms, different rates, and different rules on what you can deduct.
Different forms, different filing rhythm
Tax residents in Spain report rental income as part of their annual Modelo 100 personal income tax return, alongside salary, other investments and any other income for the year. Non-residents use a separate form, Modelo 210, which only covers Spanish-source income and is filed on its own schedule.
Progressive rates vs a flat rate
A non-resident pays a flat 19% (EU/EEA) or 24% (everyone else) on rental income. A resident instead adds that rental profit to their overall income and pays whatever their progressive personal rate works out to be — which can land above or below the non-resident flat rate depending on the resident’s total earnings that year.
Who can deduct expenses
Residents can deduct the normal range of rental expenses: mortgage interest, community fees, IBI, insurance, repairs, and more. EU/EEA non-residents get the same deduction rights. Non-EU/EEA non-residents generally cannot deduct anything — they are taxed on the gross rental income received, which is one of the more overlooked differences between the two regimes.
Imputed income applies to both, at different rates
A property that sits empty or is used only by the owner (not the main home, not rented) generates imputed income tax for residents and non-residents alike, calculated the same way from the cadastral value. The rate that then applies to that imputed figure is where the two regimes split: the non-resident flat 19%/24% rate versus the resident’s own progressive rate.
Selling the property: a withholding that only applies to non-residents
When a non-resident sells, the buyer is required to withhold 3 per cent of the price and pay it directly to the tax office on account of the seller’s capital gains tax. Residents selling a property simply declare the gain in their own annual return under the general rules for savings income — there is no equivalent withholding step.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you are not sure which set of rules applies to your Spanish property.
Frequently Asked Questions
Do residents and non-residents file the same tax form for property income?
No. Spanish tax residents declare rental income as part of their annual Modelo 100 income tax return, taxed at progressive rates alongside their other income. Non-residents file Modelo 210, a separate form taxed at a flat rate on Spanish-source income only.
Who pays a lower rate on rental income, a resident or a non-resident?
It depends on the amount. Non-residents pay a flat 19% (EU/EEA) or 24% (everyone else) on gross rental income after allowed deductions. Residents pay their normal progressive income tax rate on net rental profit, which can be lower or higher than the non-resident flat rate depending on their total income.
Can non-residents deduct expenses against rental income like residents can?
EU/EEA non-residents can deduct the same range of expenses as residents — mortgage interest, community fees, IBI, repairs, insurance. Non-EU/EEA non-residents generally cannot deduct any expenses; they are taxed on the full rental income received.
Does a resident owe imputed income tax on a second home too?
Yes — imputed income tax on a property that is not the main home and is not rented out applies regardless of residency status. The difference is the rate: non-residents pay the flat 19%/24% rate on the imputed amount, while residents pay their own progressive rate.
Is the capital gains tax different for a resident selling a Spanish property?
Non-residents pay a flat rate on the gain, and the buyer withholds 3 per cent of the price at completion on account of that tax. Residents include the gain in their annual return under the general savings-income rules rather than a flat non-resident rate.