Reclaiming 3% Retention Held back from Property Sale

If you are a fiscal resident in Spain and can produce a certificate of fiscal residence from the Spanish tax authorities the gain you make on the sale of a property will be taxed and included as part of your anual declaración de la renta.

However if you are a NON fiscal resident in Spain an amount of 3% of the sale price of your Spanish property will be witheld and paid to the Spanish tax offce regardless of whether you have made a profit or not!

If you have made little or no profit you may be able to reclaim all or part of this payment.

In order to present a claim you will need copies (preferably digital ie scanned) of:
  1. The original deed of purchase (escritura) showing the purchase price and date of purchase
  2. A notorised copia simple of the deed of sale (new escritura for the buyers) showing the sale price and date of sale
  3. Copies of Expenditure for all professional fees, Taxes and costs of improvements etc . Professional fees include  Notary, Land Registry, Abogado, Estate Agent and improvements (not movables) that you have proper IGIC (sales tax) receipts for (ie new bathroom or similar), Taxes –  state and local also costs of mortgage set up (Modelo 600 and Plus Valia).
  4. A photocopy of the receipted modelo 211 showing the 3% retention paid in by the purchasers at time of sale or maximum 30 days later
  5. The passports of you and your spouse/co-owner if applicable
  6. The NIEs of you and your spouse/co-owner
  7. The last 4 renta Imputada modelos 210 – receipted by the bank – both sets if done individually by joint owners .. ie for a claim in 2017 copies of 2013/2014/2015/2016
  8. You don’t have to use a Spanish Bank for the refund/payment –  but whether UK or Spanish the account/s must be in the name of the person submitting the return – if your co-owner is your spouse we can just use you as the lead name and make one rebate to one bank. Whichever bank is used you must provide a copy of the IBAN and BIC SWIFT numbers on a print out showing your name (you can usually print theses yourselves from your internet banking)
  9. Authority form form me to act for you
You should also be aware that the reclaim can take upwards to 15 months to come through but if the tax office goes over that time and your claim is valid then they have to pay you interest.
We will check everything before submitting the application, but there are no guarantees that the refund will be made if you have other debts to the Spanish state –  for example outstanding vehicle fines