Capital gains tax in Spain. The keys to the fiscal reform 2015

Capital gain Tax in spain

Capital gain Tax in spain

For the  purposes of informing on the main novelties introduced in the Law 26/2014, which amends the Income Tax Law and the Non Resident Income Ta Law in Spain,  we set out below the following points to be taken into account,  for the calculation of the capital gains tax in Spain arising in the transfer of real estate property.


  1. Elimination of monetary correction coefficients in Spain.

The application of the coefficients of update, to correct the acquisition value of the property based on the date of purchase, has been removed.


2.- The coefficient of “abatement” (abatimiento) are maintained.

In order to apply these reduction coefficients, it is stated a maximum sale price of the property in Spain of 400,000 €.

This limitation of 400,000 € applies, not to the sale of each asset individually, but all of them, regardless of the sale of each one of them occurring at different times.

3.-Exemption of capital gain tax in Spain for individuals over 65 years.

This measure allows to exempt from taxation the income obtained in the case of transmission of a property, real estate or other assets, for taxpayers over 65, provided that the amount (total or partial) obtained by the transmission is intended,  in within six months, to constitute a life annuity in their favour, under the conditions to be determined by regulation. The maximum amount that may be used for this purpose to set up annuities will be 240,000 €.

This exemption is applied proportionately, which means that when the reinvested amount is less than the total of what is received in the transmission, it will be only exempted from taxation the proportion of the gain that corresponds to the amount reinvested.

For any clarification on the sale of your property in Spain, please do not hesitate to contact us. It will be a pleasure to inform you on the costs and taxes arising,  taking into account the Spanish capital gains tax and the calculation of the corresponding municipal plusvalia tax in Spain..

  • Wim Lamers
  • Lawyers in Marbella, Property lawyer, Property Lawyer in Marbella, Spanish Capital Gain Tax,

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