Resale or new build — which taxes apply in Marbella?
All Spanish property purchases fall into one of two categories, and the tax treatment differs entirely:
Secondary market (resale): any property that has previously been sold or occupied. The main tax is ITP (Impuesto sobre Transmisiones Patrimoniales — Property Transfer Tax), levied at 7% of the declared purchase price in Andalucia as of 2026. ITP is paid to the Junta de Andalucia (not the national government) within 30 working days of the notarial signing.
New build (primera transmision): any property sold by a developer or promoter as its first commercial transfer. The main tax is IVA (VAT), levied at 10% of the purchase price for residential property, plus AJD (Actos Juridicos Documentados — Stamp Duty), levied at 1.2% of the price in Andalucia. Total: 11.2% of the new-build price in Andalucia.
The practical implication: for a €5 million new-build apartment, the tax line alone is €560,000. For a comparable €5 million secondary-market villa, it is €350,000. The difference — €210,000 — is entirely a function of new-build vs. resale status. Buyers who are flexible on this distinction should factor it into their budget model.
What are ITP and AJD on a Marbella property purchase?
ITP is the transfer tax on a resale purchase: 7% of the declared price in Andalucia, so €350,000 on a €5M villa. AJD is stamp duty and applies to new build only, at 1.2% alongside IVA at 10% — €560,000 on a €5M new build. A resale buyer pays ITP and no AJD; a new-build buyer pays IVA and AJD and no ITP.
The full cost stack for a Marbella secondary-market purchase:
ITP (Transfer Tax): 7% of declared price. On a €2M property: €140,000. On a €5M property: €350,000. On a €10M property: €700,000. This is the largest cost line in a resale transaction.
Notary fees: set by a regulated Spanish scale (Aranceles Notariales). Typical range for properties at the €1.5M-€10M band: €2,000-€5,000. The notary is the official party who witnesses the signing and verifies the title chain.
Land registry fees (Registro de la Propiedad): also on a regulated scale. Typical range: €1,500-€4,000. The registrar inscribes the transfer and issues the updated title extract.
Legal fees (buyer's lawyer): market rate in Marbella is 0.5-1% of the purchase price plus VAT. On a €3M transaction: €15,000-€30,000 plus 21% IVA. Using a qualified buyer's lawyer is not legally mandatory but is strongly recommended — the lawyer performs due diligence on the title, outstanding charges, community debts, and planning permissions.
NIE (Numero de Identificacion de Extranjero): mandatory for any non-Spanish buyer before the notarial signing. Cost: approximately €10 per person if applied for in Spain at a Comisaria; somewhat higher if handled via a Spanish consulate abroad. The process takes 2-10 business days depending on the route.
Survey/technical inspection: optional but recommended for older stock. Cost: €500-€2,000 depending on property size and inspector scope.
Currency conversion costs: for buyers purchasing in non-euro currencies, the spread on large transfers can be material. Working with a specialist FX provider (rather than a retail bank) on a €2M-€10M transfer can save €10,000-€60,000 versus spot bank rates.
What do buying costs come to on a €2M and a €5M purchase?
On a €2,000,000 resale villa the acquisition costs come to about €163,170, or 8.2% over the price. On a €5,000,000 resale villa, about €402,395 (8.0%). On a €5,000,000 new-build apartment, where IVA and AJD replace ITP, about €612,395 (12.2%). All three use 2026 Andalucian rates; the table restates the figures line by line.
| Cost line | 1 · Resale villa, Nueva Andalucia, €2,000,000 | 2 · Resale villa, Sierra Blanca, €5,000,000 | 3 · New-build apartment, Golden Mile, €5,000,000 |
|---|---|---|---|
| ITP, transfer tax (7%) | €140,000 | €350,000 | — |
| IVA (10%) | — | — | €500,000 |
| AJD, stamp duty (1.2%) | — | — | €60,000 |
| Notary | €3,000 | €4,000 | €4,000 |
| Land registry | €2,000 | €3,000 | €3,000 |
| Legal fees (0.75%) + IVA | €15,000 + €3,150 | €37,500 + €7,875 | €37,500 + €7,875 |
| NIE (2 persons) | €20 | €20 | €20 |
| Total acquisition costs | ≈ €163,170 | ≈ €402,395 | ≈ €612,395 |
| Total cost (over purchase price) | €2,163,170 (8.2%) | €5,402,395 (8.0%) | €5,612,395 (12.2%) |
Note on declared value: since 2022, the Agencia Tributaria uses "valor de referencia" (reference values from the Catastro) as the minimum ITP base, even if the declared purchase price is lower. For premium properties at market value, this rarely produces a material difference — the declared price typically exceeds the reference value.
Which costs continue after you own it?
Distinct from one-time acquisition costs, buyers should budget the following recurring annual costs:
IBI (Impuesto sobre Bienes Inmuebles — council tax): set by the Marbella municipality. On a €3M property, IBI typically runs €2,000-€5,000 per year depending on the cadastral value.
Community fees (gastos de comunidad): applicable to any property within a residential complex or urbanisation. Range: €300-€2,500 per month depending on services (security, pool, garden, concierge). Standalone villas outside gated communities have minimal or no community fees.
Maintenance: for standalone villas with pool and garden, budget €15,000-€40,000 per year for groundskeeping, pool maintenance, general upkeep.
Wealth Tax (Patrimonio): Andalucia's 100% rebate for residents was in place as of 2026, effectively eliminating the tax for Andalucian residents on all asset classes. Non-residents pay Patrimonio on Spanish assets above €700,000 at progressive rates (0.2%-2.5%). Buyers structuring as non-residents should confirm the current rate with their tax advisor.
Non-Resident Income Tax (IRNR): non-residents who do not rent their property still owe a deemed-income tax on the imputed rental value — typically 19% (EU/EEA residents) or 24% (non-EU) on 1.1% of the cadastral value per year. This is a small amount on most properties.
Cash or mortgage — what changes in the costs?
Most Muse Selection clients in the €1.5M+ register purchase with cash or through corporate/trust structures. Spanish mortgages for non-residents are available from Spanish banks (Santander, BBVA, CaixaBank and their private banking arms) at loan-to-value ratios of 60-70% for non-residents.
When a mortgage is involved, additional costs apply: -- Mortgage arrangement fee (comision de apertura): 0.5-1% of the loan amount -- Mortgage AJD: as of 2019 reform, the AJD on the mortgage is paid by the bank, not the buyer -- Property valuation (tasacion): required by the bank; cost €500-€2,000 depending on property size -- Life insurance (often required): varies
For corporate or trust structures, additional legal advisory, notarial, and registry costs apply depending on the complexity of the holding vehicle. Tax and legal advisory from the desk is available at introduction stage.
When is each payment due?
The payment sequence in a Spanish property purchase:
1. Offer accepted: no legal commitment yet. Verbal agreement only. 2. Contrato de arras: private purchase contract. Buyer pays typically 10% of the price as a deposit. If the buyer withdraws, the deposit is forfeited. If the seller withdraws, the seller repays double the deposit. 3. Notarial signing (escritura publica): balance due on this day. ITP (or IVA) is due within 30 working days of signing, though some notaries and lawyers prefer to arrange payment on the same day via a certified funds transfer. 4. Land registry inscription: takes 1-6 weeks after signing. The buyer owns the property from signing, but the inscription finalises the public record.
Buyers purchasing from outside Spain should ensure their NIE is obtained, their bank account in Spain is open (Spanish banks require in-person KYC for accounts above certain thresholds), and their funds are cleared in a Spanish or EEA account before the signing date. Muse Selection's legal introductions can coordinate the timing across all steps.
What does a villa cost you every year after completion?
Acquisition costs are paid once. The ones below arrive every year for as long as you own the residence, and at the top of the market the tax lines are larger than most buyers expect.
Three of them are set by law and can be worked out before you buy. The rest depend on the specific house, and this page does not invent ranges for them.
IBI (Impuesto sobre Bienes Inmuebles): the municipal property tax, charged on the cadastral value rather than the market price. The cadastral value is an administrative figure and is usually far below what you paid; the rate is set by the municipality and appears on the receipt. Ask for the last IBI bill before you sign — it is the single most reliable indicator of the annual burden, and the seller has it.
IRNR (Impuesto sobre la Renta de no Residentes): if you are not a Spanish tax resident and do not let the property, Spain still taxes you on a deemed income from it. The deemed income is 1.1% or 2% of the cadastral value depending on when that value was last revised, and the rate applied is 19% for EU/EEA residents and 24% for everyone else. It is small in absolute terms and it is filed annually, on Modelo 210.
Wealth tax, and the trap in it: Andalusia bonifies its regional wealth tax at 100%, which is why the region is described as wealth-tax free. Since 2023 that bonus has been variable, and it is set to match the state Temporary Solidarity Tax on Large Fortunes (ITSGF). The practical effect for anyone above the threshold is that the regional relief no longer removes the bill — it redirects it. The state brackets for 2026 are 1.7% on the band from €3,000,000 to €5,347,998, 2.1% to €10,695,996, and 3.5% above that, applied after a €700,000 exemption. Non-residents are assessed on their Spanish assets only; mortgages secured on the property reduce the base.
On a €5,000,000 villa bought outright by a non-resident whose only Spanish asset it is, that works out at approximately €22,100 a year — the arithmetic, the assumptions behind it, and every other annual line (community fees, utilities, garden, pool, insurance, staff) are set out on one page: what it costs to run a villa in Marbella. That page is the annual budget; this one is the purchase.
What this page will not give you is a yield or a return. Spain publishes no per-property closing prices, so nobody — including us — can honestly compute what a residence earns against what it cost. Costs are knowable; returns here are not.
“I would like to express my gratitude to the Muse real estate agency in Marbella, with whom I have had an exceptional collaboration during the process of purchasing a home for my clients. Without a doubt, they have a highly skilled and committed team. I wholeheartedly recommend their services.”
“From the first interaction, Maria demonstrates professionalism and a keen understanding of her clients’ needs. Whether buying or selling, her guidance is always informed, reliable, and tailored to the client’s best interests.”
Frequently asked questions
What are the annual holding costs on a €5 million villa in Marbella?
Three annual lines are fixed by law. IBI, the municipal property tax, is charged on the cadastral value rather than the price you paid, and the last bill is the reliable guide — ask the seller for it. IRNR applies if you are non-resident and do not let the property: Spain taxes a deemed income of 1.1% or 2% of the cadastral value at 19% for EU/EEA residents and 24% for others. Wealth tax is the line most buyers miss: Andalusia bonifies its regional tax at 100%, but since 2023 that bonus matches the state Solidarity Tax on Large Fortunes, so above the threshold the relief redirects the bill rather than removing it. On a €5,000,000 villa owned outright by a non-resident individual with no other Spanish assets, the base after the €700,000 exemption is €4,300,000, of which €1,300,000 falls in the 1.7% band — roughly €22,100 a year. A mortgage, joint ownership or a second Spanish asset all change that. Community fees, insurance, maintenance and staff sit on top and depend on the house; we publish no band for them because none can be measured. Confirm your own position with a Spanish tax adviser.
What is the property transfer tax in Marbella?
ITP (Impuesto sobre Transmisiones Patrimoniales) is 7% of the declared purchase price in Andalucia for secondary-market (resale) property. For new-build property, IVA at 10% plus AJD stamp duty at 1.2% applies instead, totalling 11.2%.
How much should I budget for buying costs on a €3M villa in Marbella?
On a €3 million resale villa in Marbella, budget approximately €270,000-€360,000 in acquisition costs: ITP €210,000 (7%), legal fees approximately €30,000 (1%), notary and Land Registry €8,000-€15,000, NIE and bank charges under €2,000.
Is there VAT on new-build property in Spain?
Yes. New residential property purchased from a developer (primera transmision) is subject to IVA at 10% plus AJD (stamp duty) at 1.2% in Andalucia — a combined 11.2%. On a €5M new-build, this represents €560,000 in taxes, significantly more than the 7% ITP on a comparable resale property (€350,000).
Do I need a lawyer to buy property in Marbella?
A lawyer (abogado) is not legally required in Spain but is strongly recommended. The abogado conducts the Nota Simple check, verifies there are no encumbrances or planning violations, reviews the private purchase contract, and arranges the notarial signing. Legal fees typically run 0.5–1% of the purchase price.