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Tax & Legal

Smart buyers start with due diligence – we make it simple

At Marbella Luxury Homes, we protect your property investment from day one. While many only think about taxes after buying, our clients avoid costly surprises before they sign – through expert legal checks and smart tax planning.

Our Core Service: Bulletproof Property Due Diligence

(The step most buyers skip – and later regret)

When you’re investing your money in a property in Spain, you need to know:

  • Is the seller legally allowed to sell? (No hidden heirs or disputes)
  • Are there unpaid taxes or charges? (We uncover hidden debts)
  • Is the property legally built? (No demolition risks)
  • Can you actually use it as planned? (Short-term rentals, renovations, etc.)

This isn’t just paperwork – it’s your financial safety net.

Additional Tax & Legal Services

  1. Smart Purchase Structuring
    • Arrange full due diligence for your property purchase
    • Set up your NIE-number and bank account
    • Getting your POA (power of attorney)
  2. Ownership Protection
    • Annual non-resident tax filings (Modelo 210)
    • Rental income declarations (keep more of your profits)
    • Inheritance tax planning for international families
  3. Residency & Compliance
    • Residency applications
    • Digital Nomad visa applications

Submit your questions and receive an answer from our lawyers

Services Contact form

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Tax and Legal FAQs


What should I ask the Estate Agent

Ask about yearly costs (IBI tax, community fees, rubbish, water, electricity, and income/wealth tax). If buying a resale, check the property’s age and condition.

How can I get a mortgage in Spain?

Non-residents can usually borrow up to 70% of the purchase price, subject to income and debt checks. Banks require supporting documents and a property valuation. Refer to our Buyers Guide or contact us for the latest details.

What is a Power of Attorney (POA)?

You can grant POA in Spain, at a Spanish Embassy abroad, or via a local notary with Hague Apostille and translation. This allows your lawyer to act for you. refer to our Buyers Guide for step-by-step guidance.

What if I’m married with separate assets?

If your home country’s default is shared assets, you’ll need a marital contract with Hague Apostille and translation to register property in Spain. Contact us or see the Buyers Guide for more info.

Do I really need a lawyer to buy in Spain?

Yes—your lawyer ensures the property is debt-free, contracts are secure, and registration is handled correctly. Prevention is always better than cure. Reach out to us for a referral or check the Buyers Guide.

What is a NIE number?

A NIE (Foreigner ID) is required for property purchases, taxes, and utilities. It’s essential to have it before completion. See our Buyers Guide for the application process.

Do I need a surveyor

Using a surveyor is optional. Banks will do a valuation if you take a mortgage, but for peace of mind you can commission a structural survey yourself.

What happens once I choose a property

You’ll normally pay a reservation deposit to remove it from the market. Within 10–15 days a private contract is signed (usually with 10% deposit). Final completion takes place at the notary with your lawyer present.

What does completion involve

Completion is when you sign the Title Deed at the Notary, make the final payment, and receive the keys. The Notary registers the deed and your lawyer can switch utilities into your name.

What costs should I budget for

Use our Property Purchase Tax Calculator for more information

Expect around 12–13% on top of the purchase price:

  • VAT: 10% (new build) / Transfer Tax: 7% (resale)
  • Stamp Duty: 1.2% (new build only)
  • Lawyer fees: ~1% of purchase cost
  • Notary: €1,500 – €1,800
  • Registry: €500 – €700
  • Bank transfer / cheque: ~€300

Your lawyer will confirm exact figures for your case.

What is Plusvalía tax

Plusvalía is a local municipal tax on land value increase, payable by the seller. Rates vary by Town Hall.

What is a NIE number

A NIE (Foreigner Identification Number) is required for property purchases, taxes, and utilities. It should be obtained before completion to avoid delays.

Do I need home insurance

Home insurance is not legally mandatory, but strongly advised. If you take a mortgage, the bank will require it. We can arrange quotes for you.

What taxes apply for non-residents

Non-residents must pay:

  • IBI (annual property tax, based on “valor catastral”)
  • Basura (local rubbish tax, usually twice a year)
  • Imputed income tax (19% EU / 24% non-EU on deemed rental value)
  • Capital Gains Tax (on sale profits, with 3% retention for non-resident sellers)

Our in-house team of lawyers can manage these for you.

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