As of October 2026, Spain's proposed 100% tax on property purchases by non-EU, non-resident buyers is not law. It was announced in January 2025, written into a Socialist Party bill in May 2025, and, according to Reuters reporting in March 2026, had not received a single reading, committee stage or plenary debate in Congress. A non-EU buyer purchasing in Spain today pays the same purchase taxes as anyone else, and then the annual non-resident taxes that have applied for years. What changed in 2025 is that the investor "golden visa" route closed.
This guide sets out what was proposed, where it stands, and what a foreign buyer actually pays now. It is not tax advice; Spanish purchase taxes are partly set by the regions, and the figures and status below are as of October 2026.
What was proposed
On 13 January 2025 Prime Minister Pedro Sánchez presented twelve housing measures. The tenth, as reported by The Corner two days later, said the tax burden for non-Europeans who do not reside in Spain "will be increased to 100%" when they buy a home, with priority for available homes going to residents. The same report put purchases by non-resident foreigners at about 55,000 homes a year, mainly on the coast.
In May 2025 the Socialist group's bill to promote affordable rental gave the idea a legal form. The Objective, reporting the text on 23 May 2025, described a new "impuesto complementario estatal" on the transfer of property to non-EU residents:
- It would tax purchases of real estate, or rights over it, by individuals and entities not resident in the EU.
- The rate would be 100% of the taxable base, the property's value less encumbrances that reduce it; debts, even mortgage-secured, would not be deductible.
- Any transfer tax (ITP) or stamp duty (AJD) already paid would be deducted from the result.
- Business owners and professionals acting in their economic activity would be excluded, as would transactions subject to VAT.
That last exclusion matters. A new-build bought from a developer is subject to VAT rather than transfer tax, so on the text as reported the surcharge would have fallen on resale homes. EU citizens and non-EU nationals who are resident in Spain would not have been caught.
Where it stands in October 2026
The proposal has stalled. According to Zagdim Overseas, a property consultancy whose June 2026 summary cites Reuters, Reuters reported on 27 March 2026, citing parliamentary records and a senior government official, that the bill had received no readings, no committee scrutiny and no plenary discussion fifteen months after it was announced. The same summary says the measure was absent from the government's January 2026 housing package, and that the minority government lacks the votes: Junts opposes it as a supply problem, while Podemos considers it insufficient.
Treat the status as a moving target, but the practical position is clear: there is no date from which the surcharge applies, and buyers are taxed under the existing rules. If you are reading this later, check whether the bill has advanced before relying on that.
The golden visa did close
The investor residence route through property did end. Spain closed it with effect from 3 April 2025, as our golden visa guide sets out with the legal source. Buying a Spanish home no longer comes with a residence permit on that basis.
What a foreign buyer pays today
Spanish purchase costs depend first on whether the home is new or resale, and then on the region.
| Purchase | Main purchase tax |
|---|---|
| Resale home | Transfer tax (ITP), at a rate that differs between regions |
| New-build from a developer | VAT, plus stamp duty (AJD) |
Nationality does not change these taxes under the current rules. What does change is the annual position once you own the property as a non-resident. How transfer taxes compare across the markets we cover is in stamp duty and transfer taxes explained.
The annual tax on a home you do not let
Spain taxes non-residents on a notional income from a property they keep for their own use, even if it earns nothing. The Agencia Tributaria's own worked example for Form 210 sets out the mechanism:
- The taxable base is 1.1% of the cadastral value where that value was revised and came into force in the tax period or the previous ten periods, and 2% otherwise.
- No expenses are deductible against it.
- In the Agencia Tributaria's example, for income accruing in 2018, the rate was 19% for residents of the EU, Iceland and Norway, and 24% for everyone else.
- The tax accrues on 31 December and is declared on Form 210 during the following calendar year.
The example is worth reading for its numbers: an apartment in Málaga with a cadastral value of €60,000, owned by a German resident and not let, produced an imputed income of €660 and a tax of €125.40. The cadastral value is an administrative figure, usually well below market value; our guide to what property tax is actually levied on explains why. The rate difference matters for buyers from the United States, the United Kingdom and other non-EU countries: on the same imputed income, the example's non-EU rate is five points higher.
If you let the property
Letting changes the calculation from an imputed income to a real one. The long-standing difference has been that EU and EEA residents can deduct expenses against rental income and others could not. Zagdim reports that a July 2025 Audiencia Nacional ruling (SAN 3630/2025) opened an argument that non-EU owners may also be entitled to deduct expenses, while the tax authority continues to reject such claims pending a Supreme Court decision. That is unsettled law; take advice before filing on that basis. Our guide to tax on rental income from a home abroad covers how the question is usually handled across borders.
What the market did
Zagdim, citing Idealista and registrar data, reports more than 705,000 Spanish home sales in 2025, the highest since 2008, with foreign buyers accounting for about 97,300, around 13.8%. It puts purchases by non-EU non-residents, the group the surcharge would target, at about 51,411, down roughly 10% on the year. It attributes the fall to several causes at once, including the end of the golden visa and uncertainty about the proposed tax, so treat any single explanation with care.
A checklist for non-EU buyers in 2026
- Confirm the surcharge's status before you sign, and ask your lawyer to address it in the contract timetable if a bill is moving.
- Resale or new-build? It decides whether you pay regional transfer tax or VAT plus stamp duty, and, on the proposal as reported, whether a surcharge could ever apply.
- Check the current rates for the region where you are buying with your lawyer; our Mallorca and Ibiza dossier covers one of the markets most popular with foreign buyers.
- Budget the annual Form 210 tax on the cadastral value, at the non-EU rate if you are not resident in the EU or EEA.
- Do not plan on residency through the purchase. The golden visa route closed on 3 April 2025.
- Decide the ownership structure before you buy, not after; our guide to buying property overseas explains why that order matters.
General information, not tax or legal advice. The 100% surcharge is a proposal that has not been enacted, and its scope could change if it moves. Spanish purchase taxes vary by region and non-resident tax rules and rates can change; the Form 210 figures above are from the Agencia Tributaria's worked example for 2018 and illustrate the mechanism. Take advice from a Spanish lawyer and tax adviser before you commit.
Frequently asked questions
Is Spain's 100% tax on foreign property buyers in force?
No. As of October 2026 it is a proposal in a Socialist Party bill that, according to Reuters reporting in March 2026, had received no readings, committee stage or plenary debate. Buyers pay the existing taxes.
Who would the 100% Spanish property tax apply to?
On the bill as reported in May 2025, to individuals and entities not resident in the EU who buy Spanish property, excluding transactions subject to VAT and purchases by businesses acting in their economic activity. EU citizens and non-EU nationals resident in Spain would not be covered.
Can Americans and Britons still buy property in Spain?
Yes. Non-EU non-residents bought about 51,411 Spanish homes in 2025, according to Zagdim's summary of market data, and with the surcharge not enacted they pay the same purchase taxes as other buyers. The difference is in annual non-resident tax, where the Agencia Tributaria's example applies a higher rate to non-EU residents.
How much is non-resident property tax in Spain?
For a home kept for your own use, the taxable base is 1.1% or 2% of the cadastral value, and in the Agencia Tributaria's worked example the rate was 19% for EU, Icelandic and Norwegian residents and 24% for others. It is declared on Form 210.
Does buying property in Spain still give a golden visa?
No. The investor residence route through property closed with effect from 3 April 2025.
