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Specific questions on taxation of property

Taxation corresponding to income, capital gains and imputed income

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Types of income from property

Income derived from property located in Spain is subject to non-resident income tax.

When a property is owned by a married couple or by several people, each of them is an independent taxpayer, and therefore they must file separate tax returns.

The income that can be obtained by taxpayers who own property is as follows:

In the case of taxpayers who are non-resident natural persons:

  • imputed income on urban property, if the property is for own use or is unoccupied
  • income from rented leased property, if the property is rented out
  • capital gains on the sale of property

In the case of taxpayers who are non-resident legal persons or entities:

  • income from rented leased property, if the property is rented out
  • capital gains on the sale of property.
  • If the entity is resident in a tax haven (with effect from 11 July 2021, references to tax havens are understood as referring to the definition of a non-cooperative jurisdiction), it may be subject to the special tax on real estate of non-resident entities.