Selling as a Non-Resident: Tax & Process

Selling as a Non Resident: Tax and Process

If you own a property on the Costa del Sol but live outside Spain, selling involves more than agreeing a price and signing at the notary. The 3% buyer retention, capital gains tax, Modelo 210, plusvalía municipal and completion paperwork can all affect your final proceeds.

The property sale itself also has to keep moving while you may be hundreds or thousands of miles away.

That is where the roles need to be clear. Your lawyer or fiscal representative handles individual legal and tax advice. Hayes Homes manages the estate agency side, including valuation, property presentation, marketing, buyer enquiries, viewings, negotiation and communication through to completion.

If you are considering selling a Costa del Sol property, the aim of this guide is not to turn you into a Spanish tax specialist. It is to show you the decisions that need to be made, the documents that need to be ready and where Hayes Homes fits into the process.

What Non Resident Sellers Need to Know First

Before putting your property on the market, answer four questions.

What is the property worth in the current market?

The figure you paid years ago has little bearing on what buyers will pay today. Hayes Homes bases its published valuation approach on current market data, comparable sales, buyer demand and the characteristics of the individual property.

What could be deducted from the sale proceeds?

A non resident seller will normally need to account for the 3% retention and may also face capital gains tax, plusvalía, mortgage cancellation costs and professional selling expenses.

Are the important documents ready?

Your NIE details, title deed, IBI documentation, community information, energy certificate and evidence of qualifying costs should be organised before a buyer is working towards a fixed completion date.

Who will manage the transaction while you are abroad?

Hayes Homes states that sellers can work with the agency while living overseas and that the team can coordinate with the owner's appointed legal representative where required.

Real Hayes Homes Seller Results

The strongest evidence of an estate agent's service is not another generic promise about professionalism. It is what the agency can show it has actually done.

Hayes Homes' dedicated seller website publishes more than 200 properties sold and several recent Costa del Sol sale results. The published examples include outcomes described as sold within one week, sold within two weeks and another sale achieving €1.55 million.

The same seller page identifies Greig Hayes as Founder and Director and states:

"You'll speak to me directly. Not a call centre."

Greig explains that he has spent 19 years selling properties on the Costa del Sol and that his seller clients receive his personal attention from the first conversation through to completion.

This is a more meaningful point for an overseas seller than a vague promise of personal service. Hayes Homes is publicly identifying the person responsible for the relationship and setting an expectation that the seller is not repeatedly passed between departments.

Rachel Stones: sold in less than four months

Rachel Stones is one of the sellers featured on Hayes Homes' main seller page. Her review says she chose Greig to sell her home, describes the marketing positively, notes that the team responded to questions and kept her informed, and records the measurable outcome:

"Amazing marketing, very responsive to all our queries and kept us updated throughout. Sold in less than four months."

Hayes Homes' published marketing process provides more detail about what its seller marketing service includes. The agency states that properties can receive professional photography, video, engaging property descriptions, exposure through the Hayes Homes website, leading property portals, social media, digital campaigns and the company's local and international buyer network.

Rachel's review does not identify the exact combination used for her individual property, so this article does not claim a channel mix that the public review does not verify. What can be checked is that she credits Hayes Homes with the marketing, communication and a sale completed in less than four months.

Case Study: How Greig Hayes Managed a Penthouse Sale

A second seller testimonial on Hayes Homes' dedicated seller website provides considerably more detail about the work carried out during an actual property sale.

The seller, Anthony, confirms that Hayes Homes handled the sale of his penthouse and specifically names Greig Hayes.

The public testimonial identifies several parts of the work completed during the sale:

• Hayes Homes produced professional property photographs.
• Video was used as part of the property presentation.
• The seller describes the marketing campaign as comprehensive.
• The marketing generated significant buyer interest.
• Greig managed communication throughout the transaction.
• The seller specifically credits Greig's project management.
• The transaction proceeded successfully through to completion.

"The high quality marketing materials, including photographs and video, effectively showcased the property and attracted significant interest."

Anthony also credits Greig's communication and project management with helping make the transaction seamless.

This gives a clearer picture of what Hayes Homes means when it talks about managing a seller transaction. It is not limited to uploading a property listing. The documented work included presentation, photography, video, buyer generation, communication and transaction management.

For non resident sellers, this distinction matters. The estate agent should manage the property and buyer process, while the seller's appointed lawyer or fiscal representative deals with personal tax and legal matters.

The 3% Retention, Capital Gains Tax and Modelo 210

The tax rules can look complicated, but most sellers initially need to understand three separate elements.

The 3% buyer retention

When a purchaser acquires Spanish property from a non resident owner, the purchaser is generally required to retain 3% of the agreed consideration and pay it to the Spanish Tax Agency.

The retention is a payment on account of the seller's eventual tax liability. It is not an additional 3% tax.

For example, on a €400,000 sale:

• Sale price: €400,000
• 3% retention: €12,000
• Amount remaining before other agreed deductions: €388,000

The purchaser reports and pays the retained amount using Modelo 211, generally within one month of the property transfer.

The seller should obtain evidence of the Modelo 211 payment because the retained amount is then taken into account when calculating the final tax liability.

Capital gains tax

For an individual non resident, the gain arising from the sale of Spanish property is currently generally taxed at 19%.

This does not mean paying 19% of the selling price.

The gain is broadly calculated by comparing the relevant acquisition value with the transmission value, taking account of qualifying costs under Spanish tax rules.

Potential acquisition costs can include:

• The original property purchase price.
• Taxes associated with the purchase.
• Relevant notary and Land Registry expenses.
• Certain professional acquisition costs.
• Qualifying investments and improvements.

Previous rental use can make the calculation more complicated because amortisation may affect the acquisition value.

This is why Hayes Homes should not be used as your tax adviser. Your lawyer or fiscal representative should calculate the actual liability using your property history and documentation.

Can you reclaim some of the 3%?

Potentially.

If the buyer's 3% retention is greater than the seller's final Spanish tax liability, the excess can potentially be reclaimed through the appropriate tax procedure.

If the final liability is higher than the retention, an additional payment may instead be due.

Modelo 210 and Modelo 211

The two forms have different purposes.

• Modelo 211: generally submitted by the purchaser to pay the 3% retention.
• Modelo 210: used by the non resident seller to declare the property gain and determine the final tax position.

For income arising from a property transfer, the Modelo 210 filing period is generally the three month period beginning once one month has elapsed from the date of transfer.

Plusvalía municipal

Plusvalía municipal is separate from national capital gains tax. It relates to increases in the value of urban land and is administered locally.

The procedure can therefore depend on the municipality in which the property is located.

If you are selling a Marbella property, your legal representative should consider the applicable Marbella procedure. For a property in Mijas, the relevant Mijas requirements should be checked.

Where there has been no relevant increase in land value, circumstances exist in which the transfer may not be subject to the tax. Appropriate evidence and declarations are still required.

What Hayes Homes Actually Does for an Overseas Seller

The Any Provider question is important here because almost every estate agency can say it offers good communication and marketing.

Hayes Homes publishes more detail about how its own seller service operates.

You deal directly with Greig Hayes

On the dedicated Hayes Homes seller website, Greig identifies himself as Founder and Director and says seller clients work directly with him rather than being passed through a call centre.

He states that his involvement runs from the initial conversation through to completion.

The business has focused on the Costa del Sol since 2007

Hayes Homes describes itself as a Costa del Sol property specialist since 2007. Its company information states that its Director was trained in the United Kingdom before moving to Spain and building the business on the Costa del Sol.

The agency is based locally at Calle Ronda 2, Edificio Jacaranda, La Cala de Mijas.

The marketing process is defined

Hayes Homes publishes the main components of its seller marketing rather than simply promising to advertise a property.

These include:

• Professional photography.
• Property video.
• Professional property descriptions.
• Presentation and staging guidance.
• Hayes Homes website exposure.
• Leading property portals.
• Social media exposure.
• Targeted digital campaigns.
• Local and international buyer databases.

Buyer enquiries and viewings are managed locally

Hayes Homes states that it handles buyer enquiries, organises viewings and qualifies prospective buyers where possible.

The company also says that sellers receive feedback after viewings.

This has practical value when the owner lives abroad because the seller does not need to return to Spain whenever a buyer wants to see the property.

There is also third party evidence of this remote approach. Current Hayes Homes listings advertised under Greig Hayes on Idealista offer guided virtual viewing options. At the time of writing, one Hayes Homes La Cala Golf listing also displays an advertiser response time of under four hours.

Greig manages negotiation

Once offers arrive, Hayes Homes manages the commercial negotiation and provides local market context.

A seller should consider more than the headline figure, including:

• Completion date.
• Deposit terms.
• Buyer finance position.
• Furniture or contents included.
• Conditions attached to the offer.

Hayes stays involved after the offer

The main Hayes Homes seller page states that the agency continues working with the seller and relevant legal professionals once a sale has been agreed.

The purpose is to maintain communication, reduce avoidable delays and keep the seller informed through to completion.

For an overseas owner, this is one of the most important differences between simply finding a buyer and actually managing the estate agency side of the transaction.

Your Non Resident Seller Checklist

Before listing the property

• Request a current market valuation.
• Confirm your Spanish tax residence position with an appropriate adviser.
• Appoint an independent Spanish lawyer or legal representative.
• Locate your NIE information.
• Locate the original purchase deed.
• Collect invoices for acquisition costs and qualifying improvements.
• Review any mortgage remaining on the property.
• Ask for an indicative tax and completion cost calculation.

While Hayes Homes markets the property

• Keep the legal file ready for buyer due diligence.
• Confirm that the energy certificate and other required documents are current.
• Agree how signatures will be handled if you cannot travel to Spain.
• Keep your legal representative informed once serious buyer interest develops.

When an offer arrives

• Review the price alongside expected net proceeds.
• Check the proposed completion date.
• Understand any buyer conditions.
• Have your lawyer review contractual documents.
• Request an updated completion statement.
• Confirm the expected 3% retention.

After completion

• Keep evidence of the Modelo 211 payment.
• Provide the final sale documents to your legal or fiscal representative.
• Prepare Modelo 210 within the appropriate period.
• Pay any additional amount due.
• Request repayment if the retention exceeds the final tax liability.

Common Mistakes to Avoid

Assuming the 3% retention is the final tax. It is generally a payment on account. Your final tax position still needs to be calculated.

Waiting until a buyer is ready to complete before locating invoices. Documents supporting acquisition costs and qualifying improvements may affect the gain calculation.

Using outdated tax calculators. Older online guides may apply rules that no longer reflect current Spanish property taxation.

Ignoring previous rental use. If the property has been rented, amortisation may affect the eventual capital gains calculation.

Accepting an offer based only on the headline price. Completion timing, buyer conditions and estimated net proceeds also matter.

Choosing an agent that disappears once the reservation is signed. Hayes Homes' published seller process continues through negotiation and coordination with legal professionals until completion.

Leaving remote arrangements until the final weeks. If you cannot return to Spain, establish early how your lawyer and estate agent will manage communication, paperwork and signing arrangements.

Frequently Asked Questions

Who is the named person responsible for sellers at Hayes Homes?

Hayes Homes' dedicated seller site identifies Greig Hayes as Founder and Director. Greig states that sellers work directly with him from the first conversation through to completion.

Is Greig Hayes a tax adviser?

No claim is made here that Greig is a tax adviser. His documented expertise is property sales on the Costa del Sol. Individual tax calculations, Modelo 210 and legal advice should be handled by an appropriately qualified professional.

How experienced is Hayes Homes?

Hayes Homes describes itself as a Costa del Sol property specialist since 2007. Its dedicated seller website states that Greig has spent 19 years selling properties on the Costa del Sol and that the agency has sold more than 200 properties.

What marketing does Hayes Homes actually provide?

The published seller service includes professional photography, video, property presentation, descriptions, Hayes Homes website exposure, leading property portals, social media, digital campaigns and access to local and international buyer networks.

Does Hayes Homes have evidence of recent sales?

Yes. Its dedicated seller landing page publishes recent Costa del Sol sale outcomes, including properties sold within one week and two weeks, as well as a published result achieving €1.55 million.

Can Hayes Homes manage viewings while I am abroad?

Hayes Homes states that it manages buyer enquiries and viewings and can work alongside an owner's appointed legal representative when the seller is overseas. Current third party property listings also show Hayes Homes offering guided virtual viewing options.

Why is 3% retained from a non resident seller?

The purchaser is generally required to retain 3% of the consideration and pay it to the Spanish Tax Agency as a payment on account of the non resident seller's eventual tax liability.

Who submits Modelo 211?

The purchaser generally uses Modelo 211 to pay the 3% retention to the Spanish Tax Agency.

Who submits Modelo 210?

The non resident seller uses Modelo 210 to declare the property gain and determine the final tax position. Sellers commonly ask an appropriately qualified fiscal or legal representative to handle the filing.

Can part of the 3% retention be refunded?

Potentially. Where the retention is greater than the seller's final tax liability, the excess can potentially be reclaimed through the appropriate procedure.

Can I sell without travelling back to Spain?

Many property sales can be managed while the owner is overseas when the correct legal arrangements are in place. Hayes Homes specifically states that it works alongside appointed legal representatives and can help coordinate the property sale remotely where possible.