Buying property in Marbella is, for most international buyers, one of the largest financial decisions of a lifetime. The quality of the architecture, the calibre of the lifestyle, and the depth of the local market at the luxury end are well established. What is less well understood — and far too rarely explained with the precision that a €2 million or €5 million commitment demands — is the full fiscal cost of that commitment from the moment contracts are signed to the moment you hold the keys, and every year thereafter.
This guide exists to close that gap. It covers every Spain property purchase tax relevant to non-residents in 2026, with particular focus on Andalusia's competitive tax framework, worked euro-figure examples at luxury price points, annual holding costs, and the ownership-structure questions that buyers at the higher end of the market should be asking before they sign.
Tax law changes. The figures and rules below reflect the position as understood in mid-2025 and projected for 2026. Always verify the current position with a qualified Spanish tax adviser before transacting.
What Are the Total Purchase Taxes on a Marbella Property in 2026? Resale vs New-Build, Side by Side
The single most important fork in the road is whether you are buying a resale property (segunda mano) or a new-build (primera transmisión, i.e., first sale from a developer). The tax treatment is structurally different.
Resale Property: ITP (Impuesto sobre Transmisiones Patrimoniales)
When you purchase a resale property — an existing home being sold by a private individual or a company that originally bought it for investment rather than development — you pay Impuesto sobre Transmisiones Patrimoniales (ITP), Spain's property transfer tax. This is a regional tax, which means the rate varies between Spain's autonomous communities.
In Andalusia, which governs the Costa del Sol and Marbella, the ITP rate is a flat 7% on the declared purchase price (or the tax authority's reference value, valor de referencia, whichever is higher). This flat structure is one of Andalusia's most buyer-friendly fiscal features, and its significance is explored in depth in the next section.
Additional costs on a resale: - Notary fees: approximately 0.1%–0.5% of the purchase price (scale-based, lower percentage at higher values) - Land Registry fees: broadly similar scale to notary - Gestión (administrative processing): typically €1,000–€2,500 - Legal fees: typically 1% of purchase price for a specialist property lawyer — strongly advisable for non-residents
Approximate total acquisition cost on a resale: 8%–10% above the purchase price, of which ITP at 7% is the dominant component.
New-Build Property: IVA + AJD
A first sale from a developer is subject to a different tax structure entirely:
- IVA (VAT): 10% on residential properties. This is the national rate; it applies uniformly across Spain.
- AJD (Actos Jurídicos Documentados): Stamp duty on the notarial deed. In Andalusia, AJD is levied at 1.2% of the purchase price.
Approximate total acquisition cost on a new-build: 12%–14% above the purchase price, with IVA at 10% and AJD at 1.2% as the dominant components, plus notary, registry, and legal fees.
The Key Practical Difference
For buyers comparing a resale villa and a new-build villa at similar price points, the fiscal gap between an ITP-only liability (7%) and IVA + AJD (11.2% in taxes alone before fees) is meaningful in absolute terms. On a €3 million acquisition, that difference exceeds €120,000. It does not make new-builds unattractive — location, specification, and warranty obligations are all relevant — but it is a number that should appear explicitly in any purchase analysis.
The Andalusia Tax Advantage — Why Marbella Buyers Pay Less Than Anywhere Else in Spain
The regional variation in ITP rates across Spain is dramatic and, in our experience, widely underappreciated by international buyers who have researched "Spanish property taxes" without drilling into regional specifics.
At the time of writing, the ITP landscape for resale residential property looks broadly as follows across major buying destinations:
- Andalusia (Marbella, Costa del Sol): Flat 7%
- Balearic Islands (Mallorca, Ibiza): Progressive scale reaching up to 13% on the portion of the price above €1 million
- Catalonia (Barcelona): Progressive scale reaching up to 11% above certain thresholds
- Valencia (Costa Blanca): 10% flat
- Madrid: 6% (the one region that undercuts Andalusia, though Madrid's luxury residential market operates in a different context)
The practical implication for a buyer comparing a €3 million villa in Marbella with a €3 million property in Mallorca or Barcelona is an ITP saving of between €90,000 and €180,000 in favour of Marbella, purely from the tax rate differential. That is before considering Andalusia's additional generosity on wealth tax, which is discussed under the Solidarity Tax section below.
Andalusia's 7% flat ITP has been politically stable for several years and there is no current legislative proposal to revise it upward. That said, regional tax policy can change, and buyers should not assume permanence. The rate in force at completion is what matters legally.
Worked Examples at Every Luxury Price Point: €1M, €2M, €3M, €5M+ Full Cost Breakdown
The following examples assume a non-resident buyer purchasing in Andalusia in 2026. All figures are illustrative of the tax and fee structure; property-specific factors (notary scale, legal scope) will cause minor variation.
Example 1: €1,000,000 Resale Property
| Cost Item | Rate | Amount |
|---|---|---|
| ITP | 7% | €70,000 |
| Notary + Registry | ~0.4% | ~€4,000 |
| Legal fees | ~1% | ~€10,000 |
| Gestión | — | ~€1,500 |
| Total acquisition cost | ~€85,500 | |
| Effective rate above purchase price | ~8.6% |
Example 2: €2,000,000 Resale Villa
| Cost Item | Rate | Amount |
|---|---|---|
| ITP | 7% | €140,000 |
| Notary + Registry | ~0.3% | ~€6,000 |
| Legal fees | ~1% | ~€20,000 |
| Gestión | — | ~€2,000 |
| Total acquisition cost | ~€168,000 | |
| Effective rate above purchase price | ~8.4% |
Example 3: €3,000,000 New-Build Villa (Golden Mile)
| Cost Item | Rate | Amount |
|---|---|---|
| IVA | 10% | €300,000 |
| AJD | 1.2% | €36,000 |
| Notary + Registry | ~0.25% | ~€7,500 |
| Legal fees | ~0.8% | ~€24,000 |
| Gestión | — | ~€2,500 |
| Total acquisition cost | ~€370,000 | |
| Effective rate above purchase price | ~12.3% |
Example 4: €5,000,000 Resale Villa, Benahavís
| Cost Item | Rate | Amount |
|---|---|---|
| ITP | 7% | €350,000 |
| Notary + Registry | ~0.2% | ~€10,000 |
| Legal fees | ~0.7% | ~€35,000 |
| Gestión | — | ~€2,500 |
| Total acquisition cost | ~€397,500 | |
| Effective rate above purchase price | ~8.0% |
For context on where this price point sits in the Marbella market: according to the Muse Property Index, the current median asking price across Benahavís — Spain's most expensive municipality per capita — stands at €4,990,000, with properties ranging from €1,510,000 to €20,000,000. A €5 million acquisition in that zone sits precisely at the median of an exceptionally deep luxury inventory.
Annual Taxes After You Buy — IBI, IRNR, Solidarity Tax, and Basura on the Costa del Sol
Purchase taxes are a one-time event. What follows is an ongoing fiscal relationship with the Spanish state that non-residents frequently underestimate.
IBI (Impuesto sobre Bienes Inmuebles)
IBI is Spain's municipal property rate, broadly equivalent to council tax in the UK or property tax in the US. It is levied annually by the local municipality on the valor catastral (cadastral value) of the property, which is typically well below market value. Rates vary by municipality; across the Marbella and Costa del Sol area, effective IBI bills on a €2–5 million property generally range from a few thousand euros to the low tens of thousands per year, depending on cadastral value and local multiplier. Your estate agent or lawyer can obtain the current IBI figure for any specific property prior to purchase — this is standard due diligence.
IRNR — Imputed Income Tax for Non-Residents
Non-residents who own Spanish property are subject to IRNR (Impuesto sobre la Renta de No Residentes) even if the property is not rented out. The Spanish tax system treats the mere ownership of a second home as generating a deemed, or imputed, income — a theoretical rental yield — which is then taxed.
The imputed income is calculated as either 1.1% or 2% of the cadastral value (1.1% applies where the cadastral value has been revised within the last ten years; 2% where it has not). This imputed income figure is then taxed at:
- 19% for EU and EEA residents (including Iceland, Norway, Liechtenstein)
- 24% for non-EU/EEA residents, including — post-Brexit — UK nationals
The post-Brexit position for UK buyers is a point of genuine fiscal significance that is frequently misreported in generic guides. UK nationals are no longer EEA residents for Spanish tax purposes. They are taxed at 24% on imputed income, not 19%. On a property with a meaningful cadastral value, this difference is not trivial over time.
The IRNR declaration for imputed income is filed via Modelo 210, due by 31 December of the year following the tax year in question.
Rental Income Tax Under IRNR
If you rent your Marbella property — whether for short-term holiday lets or long-term tenancy — that rental income is subject to IRNR at the same residency-determined rates: 19% (EU/EEA) or 24% (non-EU/non-EEA, including UK).
A significant development occurred in July 2025 when Spain's Audiencia Nacional (National High Court) ruled that non-EU resident landlords are entitled to deduct rental expenses against rental income in the same way that EU residents have long been able to do — overturning the previous position that non-EU landlords were taxed on gross rental receipts with no deduction allowance. This ruling substantially improves the net tax position for UK, US, and other non-EU buyers who let their Marbella properties. The ruling is recent and its administrative implementation is still being processed; specialist advice is essential for anyone in this position.
The Solidarity Tax — Critical for Buyers at €3M+
Andalusia abolished its regional Patrimonio (wealth tax) for all taxpayers several years ago, giving the region a significant competitive advantage over Catalonia, the Balearics, and others. The Spanish central government responded by introducing the Impuesto de Solidaridad de las Grandes Fortunas (Solidarity Tax), which applies at national level and effectively overrides regional exemptions for high-net-worth individuals.
The Solidarity Tax applies to net Spanish assets above €3 million. The rates are:
- 1.7% on net Spanish assets between €3M and €5.347M
- 2.1% on net assets between €5.347M and €10.695M
- 3.5% on net assets above €10.695M
For a non-resident, "net Spanish assets" means primarily the market value of Spanish real estate, less any mortgage secured against it. A non-resident who purchases a €5 million villa outright with no mortgage will, assuming the property is their only Spanish asset, face a Solidarity Tax liability on the portion above €3 million — that is, on €2 million — at 1.7%, yielding approximately €34,000 per year. The interaction with Patrimonio credits and any double taxation treaties applicable to the buyer's country of residence requires specialist analysis.
Buyers in this range should understand this cost before purchasing and build it into their annual ownership budget. It does not make a Marbella acquisition fiscally uncompetitive — but it must be planned for rather than discovered retrospectively.
Basura (Waste Collection Tax)
A minor but real annual cost: the municipal waste collection charge, levied by each ayuntamiento. Typically a few hundred euros per year. Inconsequential at luxury price points but worth including for completeness.
EU vs Non-EU vs UK Buyers: How Your Residency Changes Every Tax Rate You Pay
One of the most persistent sources of error in property tax guides for Spain is treating all non-resident buyers as a single category. In practice, your tax rates vary materially depending on your fiscal residency.
EU and EEA Resident Buyers
EU and EEA residents (including Norway, Iceland, and Liechtenstein nationals) benefit from the most favourable IRNR rates: 19% on imputed income and 19% on rental income. They may deduct expenses against rental income. Capital gains on eventual sale are taxed at 19% for EU/EEA residents.
There is no difference in purchase taxes (ITP, IVA, AJD) based on residency — these are the same for everyone.
Non-EU, Non-EEA Buyers (US, Middle East, and others)
Non-EU/EEA buyers — including Americans, Gulf nationals, and others — face the 24% IRNR rate on imputed income and (prior to the July 2025 Audiencia Nacional ruling) on gross rental income. Post-ruling, expense deductions should be available. Capital gains on sale are taxed at 19% for non-residents regardless of nationality — the CGT rate is uniform.
The 3% retention on the purchase price that the buyer's notary withholds on behalf of the seller (a seller-side obligation, not the buyer's tax) is worth understanding: when you eventually sell, the buyer withholds 3% of the sale price as an advance payment of your Spanish CGT liability.
UK Buyers Post-Brexit
The UK's departure from the EU placed British nationals squarely in the non-EU category for Spanish tax purposes. The practical differences from EU/EEA residents:
- IRNR imputed income: taxed at 24% (not 19%)
- IRNR rental income: taxed at 24% on gross receipts (though the July 2025 ruling on expense deductions is directly relevant here)
- Capital gains on sale: 19% (same as all non-residents)
The UK-Spain Double Taxation Convention remains in force and provides some protection against double taxation, but it does not neutralise the higher withholding rates. UK buyers should model their annual IRNR liability carefully, particularly on higher-value properties.
Buying Through a Company or Trust? Ownership Structure and Its Impact on Spanish Property Taxes
At the higher end of the Marbella market — and properties like the 8-bedroom, 1,343m² estate in Benahavís at €20,000,000 or the 1,696m² Benahavís villa at €19,880,000 represent the apex of that market — ownership structure is not merely an administrative question. It is a tax planning decision of material consequence.
Personal Name Ownership
The simplest structure. ITP or IVA + AJD is paid at purchase, IBI and IRNR are paid annually, and CGT at 19% is levied on the gain when you sell. For buyers who are genuinely using the property as a personal residence — even a secondary one — personal ownership is typically the lowest-complexity path.
Spanish SL (Sociedad Limitada) Company
Purchasing through a Spanish SL means the property is owned by a company rather than an individual. This has several implications:
- At purchase: An SL purchasing from a developer pays IVA at 10% (same as an individual). An SL purchasing resale property may, in certain circumstances, be eligible for the 4% IVA rate applicable to business-to-business transfers — but only where specific conditions are met. This is not a general rule and requires specialist verification.
- Annual holding: The company pays Spanish Corporate Income Tax (Impuesto sobre Sociedades) at 25% on net income. If the property is not generating rental income, the company may have a deemed income or administrative obligation to demonstrate commercial activity.
- Selling the shares vs selling the property: A buyer purchasing the shares of an SL rather than the underlying property may avoid ITP — share transfers are typically exempt from property transfer tax. However, Hacienda has anti-avoidance provisions (Article 108 of the Spanish Securities Market Act) that can recapture ITP where the primary purpose of a share transfer is to avoid property tax. Legal advice is mandatory.
- Solidarity Tax: Properties held in a company are generally included in the shareholder's Spanish wealth base for Solidarity Tax purposes.
Offshore / Foreign Company Ownership
Properties held through non-Spanish EU companies are generally treated similarly to Spanish companies for most purposes. Non-EU offshore structures (e.g., holding via a BVI or Cayman vehicle) face specific Spanish anti-avoidance rules, including a 3% annual levy (Impuesto Especial sobre Bienes Inmuebles de Entidades No Residentes, IEBIENE) on the cadastral value of Spanish property held by entities in non-cooperative jurisdictions. This effectively makes offshore holding vehicles through blacklisted jurisdictions punitive. The list of non-cooperative jurisdictions is updated periodically.
Family Trust and Other Structures
Spanish law does not recognise common law trusts as transparent entities in the way that, say, UK law does. A trust holding Spanish property is generally treated as an opaque entity for Spanish tax purposes, which creates complexity in both annual IRNR and eventual succession planning. Buyers considering trust structures should obtain specific advice from advisers with expertise in both Spanish law and the law of the trust jurisdiction.
The general principle: at very high price points, the tax case for holding through a professionally structured, activity-genuine SL can be compelling — particularly where the property is let commercially and where exit via share sale rather than asset sale is planned. But the structure must be established correctly from the outset, and the administrative obligations maintained throughout. Retrofitting a structure post-purchase is significantly more complex and costly.
The Post-Golden Visa Tax Landscape — Beckham Law, Non-Lucrative Visa, and Smart Fiscal Planning for HNW Non-Residents
The Golden Visa: Status and Alternatives
Spain's Golden Visa programme — which offered residency rights to non-EU buyers investing €500,000 or more in real estate — has been phased out for new real estate-based applications. The change was legislated and took effect in April 2025. Existing Golden Visa holders retain their status; no new real estate route applications are being processed.
This is a material change for non-EU buyers, particularly those from the Middle East and the Americas, who previously combined a Marbella purchase with residency planning. The purchase itself remains unrestricted — there is no limitation on non-EU nationals buying Spanish property — but the automatic residency benefit no longer follows.
Alternatives worth understanding, and discussing with an immigration lawyer:
Non-Lucrative Visa (NLV): Grants residency in Spain to non-EU nationals who can demonstrate sufficient passive income or assets to support themselves without working in Spain. There is no minimum property investment requirement, though owning property evidences establishment. The NLV holder becomes a Spanish tax resident after 183 days in Spain in a calendar year, at which point worldwide income becomes taxable in Spain at general progressive rates. This is a meaningful fiscal shift for buyers with significant non-Spanish income.
Digital Nomad Visa: Available to remote workers and self-employed professionals earning income from clients or employers outside Spain. Combined with the Beckham Law (Régimen Especial para Trabajadores Desplazados, reformed and extended), eligible new tax residents can elect to be taxed at a flat rate of 24% on Spanish-source income (up to €600,000 per year) rather than the progressive scale reaching 47%. This is highly attractive for high earners relocating to Marbella. The election must be made within six months of registering as a Spanish tax resident and is valid for up to five years.
The Beckham Law and Property: The Beckham Law applies to income tax, not to property purchase taxes (ITP, IVA, AJD remain the same regardless of visa or tax regime). It is also important to understand that Beckham Law tax residents are, for Solidarity Tax purposes, treated as Spanish tax residents — meaning their global wealth, not just Spanish assets, may be relevant to wealth tax exposure depending on the specific provisions. This is a nuanced area where the interaction between income tax planning and wealth tax planning requires integrated advice.
Your Pre-Purchase Tax Checklist — 10 Questions to Ask Before You Sign in Marbella
Before you commit to a purchase in Marbella or the wider Costa del Sol, the following questions should each have a clear answer from your legal and tax advisers. They are not exhaustive, but they represent the most consequential issues for non-resident buyers in 2026.
1. Is this property classified as resale or new-build? The answer determines whether you pay ITP (7%) or IVA + AJD (11.2%) — a difference that can exceed €100,000 on a €2 million property.
2. What is the valor de referencia (official reference value) set by the Catastro? Hacienda taxes on the higher of the declared price or the reference value. If the reference value exceeds what you are paying, your ITP is calculated on the reference value, not the agreed price. This is increasingly relevant in a market where reference values have been revised upward.
3. What is the current IBI and does the cadastral value reflect the property accurately? Obtain the most recent IBI bill before exchange. It indicates both your annual council tax liability and the cadastral value base for IRNR calculations.
4. Will your net Spanish assets exceed €3 million after purchase? If so, budget for annual Solidarity Tax from the first full year of ownership.
5. What is your EU/EEA/UK/other residency status, and what IRNR rate applies to you? EU: 19%. UK and non-EU/EEA: 24% on imputed income. This affects your annual tax bill every year you own the property.
6. Do you intend to let the property? Short-term rental requires a tourist licence (licencia de alquiler turístico) issued by the Junta de Andalucía. Rental income is subject to IRNR; the July 2025 Audiencia Nacional ruling on expense deductions for non-EU landlords may improve your net position materially.
7. Are you considering an ownership structure other than personal name? Discuss the purchase structure with a specialist before signing any reservation agreement, not after. Restructuring post-purchase involves additional taxes and costs.
8. Are you a non-EU national seeking residency alongside the purchase? The Golden Visa real estate route is closed. Explore NLV, Digital Nomad Visa, or investor routes (non-property) with an immigration lawyer.
9. Does the Beckham Law apply to your situation? If you are relocating to Spain and will become tax resident, the 24% flat rate may be highly advantageous — but the election window is narrow and the conditions specific.
10. Have you appointed a Spanish-qualified property lawyer (not just a gestión office) to represent you? At luxury price points, independent legal representation — separate from the developer's or vendor's advisers — is not optional. Due diligence on planning permissions, community debts, and title encumbrances is as important as the tax planning.
Marbella in the Market: Context for Buyers Doing the Maths
Understanding the tax cost is most useful when set against actual market pricing. The Muse Property Index tracks live inventory across the Costa del Sol's luxury submarkets and provides the most granular current data available for buyers working through acquisition analysis.
A few reference points from the current Index:
- Marbella Golden Mile: Median asking price of €6,400,000, with a median of €8,801/m². The range runs from €2,495,000 to €14,900,000 across 27 active listings.
- Nueva Andalucía: Median at €5,625,000 and €10,154/m², across 26 listings ranging to €19,500,000 — the upper end of that range represented by a 7-bedroom villa currently available at €19,500,000.
- Benahavís: The deepest luxury inventory on the coast, with 54 listings, a median of €4,990,000, and a ceiling at €20,000,000 — where an 8-bedroom, 1,343m² estate is currently listed.
These figures are not background decoration. A buyer computing the total cost of ownership — purchase taxes, annual IRNR, IBI, Solidarity Tax — needs a reliable anchor for the asset value itself. The Index provides that anchor, updated continuously from live market data.
For buyers earlier in their Marbella search, the full Muse property listings span the Costa del Sol's luxury segment, and the Muse curator service connects buyers directly with advisers who work at these price points daily.
Summary: The Total Fiscal Picture for a Non-Resident Buyer in Marbella
Pulling the threads together, a non-resident buying in Marbella in 2026 faces:
At purchase: - Resale: ~8–10% of purchase price in total acquisition costs (ITP 7% dominant) - New-build: ~12–14% of purchase price (IVA 10% + AJD 1.2% dominant)
Annually: - IBI: varies by cadastral value and municipality - IRNR imputed income: calculated on 1.1–2% of cadastral value, then taxed at 19% (EU/EEA) or 24% (UK and non-EU) - Solidarity Tax: 1.7–3.5% on net Spanish assets above €3 million - Basura: minor municipal charge
On sale: - CGT at 19% on net gain for all non-residents - 3% withholding at source (advance against CGT, reconciled by Hacienda)
The Andalusia framework — 7% flat ITP, a historically welcoming stance on regional wealth tax, and proximity to one of Europe's most liquid luxury real estate markets — continues to make Marbella and the Costa del Sol among the most fiscally competitive destinations in the Mediterranean for a genuinely large-scale property purchase.
That does not mean the taxes are small in absolute terms. On a €3 million purchase, the combined acquisition cost runs to approximately €350,000–€420,000 depending on whether it is resale or new-build. That figure is real, it is unavoidable, and it should be in every buyer's financial model from day one.