Non-Resident Property Tax in Spain — Complete Guide 2026
Everything you need to know about the Spanish Non-Resident Income Tax (IRNR) and Modelo 210 — from imputed rent on empty properties and rental income declarations, to capital gains tax on property sales and the 3 % withholding refund. Updated for tax year 2025 / filing year 2026.
What is Spanish Non-Resident Tax (IRNR)?
The Impuesto sobre la Renta de No Residentes (IRNR) is a Spanish income tax levied on individuals and entities that are not tax-resident in Spain but earn income from Spanish sources. Its legal basis is Royal Legislative Decree 5/2004, which consolidated all rules governing non-resident taxation. Unlike the annual income tax that Spanish residents pay (IRPF), the IRNR applies on a per-income basis: each type of income — property ownership, rental earnings, capital gains — triggers a separate tax obligation.
The declaration form used to report and pay IRNR is Modelo 210, issued by the Agencia Tributaria (AEAT). Modelo 210 covers several distinct income types, each identified by a specific code: income type 02 for imputed income on empty or personal-use properties, income type 01 for rental income, and income type 01 again (with different sub-coding) for capital gains arising from property sales. Every non-resident who owns property in Spain is required to file at least one Modelo 210 each year, even if the property generates no rental income whatsoever.
A critical point that catches many foreign property owners off-guard: AEAT does not send payment reminders or tax notices to non-residents. Unlike tax systems in the United Kingdom, Germany, or the Netherlands — where the authority initiates contact — Spanish law places the obligation squarely on the taxpayer to know the rules, calculate the tax, and file on time. Failure to comply carries penalties ranging from 50 % to 150 % of the unpaid tax, plus late-payment interest that accrues from the original due date. In practice, many non-residents only discover these obligations years later, resulting in back-taxes, surcharges, and the stress of regularising multiple years at once.
Who Must File Modelo 210?
If you are a tax resident of any country other than Spain and you own property on Spanish territory, you have at least one annual filing obligation. The table below summarises the four situations that require a Modelo 210 declaration.
| Situation | Tax Type | Frequency |
|---|---|---|
| Empty or personal-use property | Imputed income | Annual |
| Rented property | Rental income | Annual (since 2024) |
| Property sale | Capital gains | Within 4 months of sale |
| 3 % withholding refund after sale | Excess recovery | Per sale |
Properties held partly for personal use and partly rented out require two declarations for the same year: one for imputed income during the vacant months and one for actual rental income during the rented months.
Tax Rates for Non-Residents in Spain 2026
The IRNR tax rate depends on where you are tax-resident, not on the amount of income. There are effectively two brackets that apply to property-related income:
EU / EEA Residents
- Lower tax rate on all income types
- Can deduct expenses from rental income (mortgage interest, repairs, insurance, IBI, community fees)
- Applies to: Germany, France, Netherlands, Belgium, Italy, Sweden, Norway, Ireland, and all other EU/EEA states plus Iceland and Liechtenstein
Rest of World (incl. UK)
- Higher tax rate on all income types
- Cannot deduct expenses from rental income — tax is applied on gross rent
- Applies to: United Kingdom (post-Brexit), USA, Canada, Australia, Switzerland, and all countries outside the EU/EEA
Important for UK property owners
Since 1 January 2021 (Brexit), UK residents no longer qualify for the 19 % EU rate. The applicable rate is now 24 %, and deductions on rental income are no longer permitted. If you have been filing at 19 % since 2021, you may face back-tax assessments and penalties.
Rate Comparison with Examples
| Scenario | EU/EEA (19 %) | Non-EU (24 %) |
|---|---|---|
| Imputed income on €120,000 cadastral value (1.1 %) | €250.80 | €316.80 |
| Rental income €12,000/year, expenses €4,000 | €1,520.00 (on net €8,000) | €2,880.00 (on gross €12,000) |
| Capital gain of €50,000 on property sale | €9,500.00 | €12,000.00 |
The rental-income example illustrates why the EU/non-EU distinction is so significant: the EU resident pays €1,520 while the non-EU resident pays €2,880 — nearly double — because expenses cannot be deducted.
Three Types of Non-Resident Property Tax
Non-resident property owners in Spain face one or more of three distinct tax obligations, all declared through Modelo 210. Understanding which apply to your situation is the first step toward compliance.
1. Imputed Income Tax (Renta Imputada)
If your Spanish property is empty, used as a holiday home, or simply not rented out, Spain deems that you derive an economic benefit from ownership alone. This concept is called imputed income (renta imputada). The idea behind it is that owning a property gives you the ability to use it or rent it out, and therefore the Spanish state considers that you earn a notional income even if no actual money changes hands. This is the most common type of non-resident tax and the one most frequently missed by foreign owners.
The calculation is straightforward. You take the cadastral value (valor catastral) of the property — found on your annual IBI receipt — and multiply it by either 1.1 % (if the cadastral value was revised in the last ten years) or 2 % (if it was not revised). The result is your imputed income, which is then taxed at 19 % or 24 % depending on your country of residence. For example: if your apartment on the Costa Blanca has a cadastral value of €80,000 (revised in 2018), your imputed income is €80,000 × 1.1 % = €880. An EU resident would owe €880 × 19 % = €167.20 per year; a UK resident would owe €880 × 24 % = €211.20.
The filing deadline for imputed income is generous: you have the entire calendar year following the tax year. For tax year 2025, you can file anytime from 1 January to 31 December 2026. That said, it is best not to leave it until the last minute — filing early means one fewer thing to worry about, and it reduces the risk of forgetting entirely.
Complete guide to imputed income tax2. Rental Income Tax (Ingresos de Alquiler)
If you rent out your Spanish property — whether long-term to a tenant or short-term through platforms like Airbnb or Booking.com — you must declare the income to AEAT through Modelo 210. The key distinction here is between EU/EEA residents, who can deduct directly related expenses from their gross rental income, and non-EU residents, who must pay tax on the gross amount with no deductions whatsoever. Allowable deductions for EU residents include mortgage interest, property insurance, community fees, IBI (local property tax), maintenance and repair costs, utilities paid by the owner, management fees, and depreciation (up to 3 % of the acquisition cost of the building, excluding land value).
Consider this example: a German owner rents an apartment in Marbella for €15,000 per year. Their deductible expenses total €6,000 (mortgage interest, insurance, IBI, community fees, and minor repairs). As an EU resident, they pay 19 % on the net income: (€15,000 − €6,000) × 19 % = €1,710. Now imagine a British owner with identical rental income and expenses. Post-Brexit, they pay 24 % on the gross amount: €15,000 × 24 % = €3,600. The British owner pays more than double — €1,890 more per year — solely because the UK is no longer part of the EU.
An important change took effect in 2024: rental income is now declared in a single annual filing, due between 1 and 20 January of the following year. Previously, quarterly declarations were required (due within 20 days of the end of each quarter). The new annual system is simpler but makes the January deadline absolutely critical: miss it and you face immediate surcharges. For tax year 2025, you must file between 1 and 20 January 2026.
Complete guide to rental income tax3. Capital Gains Tax on Property Sale
When a non-resident sells property in Spain, any profit (the difference between the sale price and the original acquisition cost, adjusted for allowable improvements and transaction costs) is subject to capital gains tax at 19 % for EU/EEA residents or 24 % for non-EU residents. The acquisition cost includes the original purchase price, transfer tax (ITP) or VAT paid at purchase, notary and registry fees, and the cost of any documented structural improvements made during ownership. The sale price is the amount stated in the notarial deed, minus agent commissions and other selling expenses.
A unique mechanism applies to non-resident sellers: the buyer is legally required to withhold 3 % of the agreed sale price and pay it directly to AEAT using Modelo 211. This 3 % retention acts as an advance payment against your capital gains tax. If your actual tax liability is lower than the amount withheld — for instance, because the gain was small or because you had significant improvement costs — you can request a refund of the excess. In some cases, especially when selling at a loss, the entire 3 % can be recovered.
The filing deadline for capital gains is four months from the date of the notarial deed (escritura). For example, if you signed the deed on 15 March 2026, your declaration is due by 15 July 2026. The same four-month window applies to the 3 % withholding refund application. It is essential to file within this period — late filing not only triggers surcharges but can also delay any refund you may be entitled to.
Complete guide to capital gains taxStep-by-Step: How to File Modelo 210 Online
Filing Modelo 210 through SpainTaxForm takes around 15 minutes. No digital certificate, cl@ve PIN, or trip to Spain required. Here is how the process works:
Step 1: Determine which type of declaration you need
Decide whether you need to file for imputed income (empty/personal-use property), rental income, capital gains from a sale, or a 3 % withholding refund. If your property was partly rented and partly empty, you will need two declarations for the same year.
Step 2: Gather your documents
You will need: your NIE (Número de Identidad de Extranjero), your passport, the IBI receipt showing the cadastral value and cadastral reference number, any rental contracts and expense receipts (for rental income), and the notarial deed if filing for a property sale. Having these ready before you start saves time.
Step 3: Choose your service on SpainTaxForm
Visit our services page and select the Modelo 210 filing package that matches your situation. We offer dedicated options for imputed income, rental income, capital gains, and multi-year catch-up filings.
Step 4: Enter your property and personal details
Fill in your personal information (full name, NIE or passport number, country of tax residence), your property details (full address, cadastral reference, cadastral value), and the relevant income details (rent received, sale price, expenses).
Step 5: We calculate and prepare your declaration
SpainTaxForm automatically applies the correct tax rate, deductions (if applicable), and pro-rata calculations. You review the full breakdown and confirm the amounts before we generate your official Modelo 210.
Step 6: Pay securely and receive your AEAT document
Complete your payment through our secure checkout. We submit the declaration to AEAT and send you the stamped acknowledgement (justificante) as proof of filing. The entire process is typically completed within 2–3 business days.
Filing Deadlines 2026
Missing a deadline is the most common cause of penalties. Mark these dates in your calendar for the 2025 tax year (filed in 2026):
| Declaration Type | Deadline | Notes |
|---|---|---|
| Imputed income (empty property) | 1 Jan – 31 Dec 2026 | Full year to file for 2025 tax year |
| Rental income | 1 – 20 January 2026 | Annual filing since 2024; no more quarterly returns |
| Capital gains (property sale) | Within 4 months of deed date | Counted from escritura signing date |
| 3 % withholding refund | Within 4 months of deed date | Filed after the capital-gains declaration |
Common Mistakes to Avoid
Over the years, we have seen the same errors repeated by non-resident property owners across Spain. Avoiding these pitfalls can save you hundreds or even thousands of euros in penalties and overpayments.
Not filing because the property is empty
Many owners assume that if they do not earn rental income, there is nothing to declare. In fact, Spanish law requires an imputed-income filing for every year of ownership. AEAT can go back four years when issuing assessments.
UK owners still using the old 19 % rate
Since Brexit (1 January 2021), UK residents must apply the 24 % non-EU rate. Filing at 19 % will eventually be detected, resulting in a back-tax assessment with interest and penalties on the underpayment.
Missing the January deadline for rentals
The annual rental income declaration is due between 1 and 20 January. This tight window catches many owners off-guard, especially those who previously filed quarterly and are not used to the new system.
EU residents forgetting to deduct expenses
EU/EEA residents can deduct mortgage interest, insurance, IBI, community fees, repairs, and depreciation from rental income. Failing to claim these deductions means overpaying tax — sometimes substantially.
Not requesting the 3 % refund after a sale
The 3 % withheld by the buyer at sale is often more than the actual capital gains tax owed. If you do not file the refund application within four months, you forfeit the excess. We see sellers leave thousands of euros on the table.
Using an incorrect cadastral value
The cadastral value changes over time as municipalities carry out revaluations. Always use the figure from your most recent IBI receipt, not the one from when you purchased the property. An outdated value leads to an incorrect declaration.
Popular Areas for Foreign Property Owners
Spain remains one of Europe's most popular destinations for foreign property investment. Whether you own a beachfront apartment or a rural finca, the non-resident tax obligations are the same — but cadastral values, rental yields, and local IBI rates vary significantly by region. Explore our area-specific guides:
Costa Blanca
Alicante, Benidorm, Javea, Torrevieja
Costa del Sol
Malaga, Marbella, Estepona, Fuengirola
Balearic Islands
Mallorca, Ibiza, Menorca, Formentera
Canary Islands
Tenerife, Gran Canaria, Lanzarote, Fuerteventura
Barcelona
Barcelona city and Costa Brava
Madrid
Madrid city and surrounding areas
Valencia
Valencia city and Costa de Valencia
Guides by Country & Topic
Tailored guides for the four largest foreign-owner nationalities — covering rental income, property sales and the 3 % withholding refund.
| Country | Rental income | Selling property | 3 % refund |
|---|---|---|---|
| United Kingdom | Guide | Guide | Guide |
| Germany | Guide | Guide | Guide |
| Netherlands | Guide | Guide | Guide |
| Italy | Guide | Guide | Guide |
German and Dutch versions available at /de/nichtresidentensteuer-spanien/deutsche/… and /nl/niet-ingezetenen-belasting-spanje/nederlandse/…
Related Guides
Dive deeper into specific topics related to Spanish non-resident property tax:
What is Modelo 210?
In-depth explanation of the form, income types, and filing process.
Non-Resident Tax Calculator
Calculate your imputed income tax in seconds with our free tool.
Guide for British Property Owners
Post-Brexit tax implications for UK residents with Spanish property.
Guide for German Property Owners
Tax obligations and double-taxation treaty benefits for German owners.
Guide for French Property Owners
What French residents need to know about IRNR and Modelo 210.
Guide for Dutch Property Owners
IRNR obligations for owners from the Netherlands.
Guide for Italian Property Owners
Modelo 210 for Italian citizens with property in Spain.
Frequently Asked Questions
Below are the most common questions we receive from non-resident property owners in Spain. If your question is not answered here, feel free to contact us.
Ready to File Your Modelo 210?
Let SpainTaxForm handle your non-resident tax declaration. Our service is available in English, Spanish, German, French, Dutch, and more — with prices starting at €34.95 per filing.
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