Buyers ask the wrong question. They ask what the property costs. They should ask what the transaction costs. The headline price is not the amount that leaves your account on completion day.
A resale in Andalusia pays ITP at 7% and no AJD; a new build pays IVA at 10% plus AJD at 1.2% (11.2% together) and no ITP. In the worked examples at €2–5 million — notary and land registry as estimated invoices, lawyer at 0.75% plus IVA — the total comes to 8.0–8.2% on top of the price for a resale and 12.2% for a new build; the examples are set out in our guide to Marbella property purchase costs (museselection.es/marbella-buying-costs-guide). Only the tax is fixed by law; the other lines are estimates.
Notary and land registry fees are set by statutory tariff: Real Decreto 1426/1989 for notaries and Real Decreto 1427/1989 for registrars, which caps the registry fee for each registered property. The notary and registry figures in the two examples below are not the tariff. They are estimates of the final invoices: the tariff plus copies, pages, several registered units such as parking and storage, and 21% IVA.
A worked example on a €5,000,000 Sierra Blanca resale villa: ITP €350,000, notary invoice estimated at €4,000, land registry invoice estimated at €3,000, legal fees at 0.75% €37,500 plus €7,875 IVA, NIE for two persons €20. Total approximately €402,395, or 8.0%.
A new build at the same €5,000,000: IVA €500,000, AJD €60,000, notary invoice estimated at €4,000, land registry invoice estimated at €3,000, legal fees €37,500 plus €7,875 IVA, NIE €20. Total approximately €612,395, or 12.2%. The €210,000 delta between resale and new-build at the same headline is the single most overlooked figure in Marbella buyer planning.
The 3% IRNR retention on non-resident sellers. When the seller is not resident in Spain, the buyer withholds 3% of the price and pays it to the tax agency on Modelo 211 within one month of the sale (Article 25.2 of the IRNR law; Article 14.3 of the IRNR Regulation). It is a payment on account of the seller's tax; only the excess over the tax due is refunded. It is not your tax, but you are personally liable if you fail to retain it. Make sure your lawyer flags the seller's residency status before completion.
Plusvalía Municipal. Plusvalía municipal is the seller's tax on a sale; the declaration is due within thirty working days of the deed (Article 110.2 of the Haciendas Locales law). If the seller is a non-resident individual, the buyer is liable to the town hall in the seller's place (Article 106.2), so the amount is retained from the price. Read the arras contract for any clause that shifts the tax to the buyer.
FX timing. A buyer wiring from outside the eurozone can lose more on poor FX execution than the entire notary bill costs. Lock the rate through a specialist FX broker rather than a high-street bank.
Cédula and IBI back-charges. If the seller has unpaid IBI (property tax) or basura (waste), the debt attaches to the property, not the seller. Demand last three years of receipts before signing arras.