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Spain · Owning a home

Non-resident tax in Spain and Modelo 210, explained for UK owners

If you live in the UK and own a home in Spain, you owe Spain's non-resident income tax (IRNR) every year, even if you never let it. For a home kept for your own use, the tax is 24% of a notional income of 1.1% or 2% of its cadastral value, declared on Modelo 210 by 31 December of the following year. Rent, a sale and the council's IBI are taxed separately.

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What non-resident tax covers

The Impuesto sobre la Renta de No Residentes taxes the Spanish income of people who are not tax resident in Spain; where a couple own the home, each files separately on his or her share (Agencia Tributaria).

How a Spanish home is taxed for UK residents (September 2026)
SituationWhat is taxedRate for UK residentsForm
Kept for your own use, or emptyImputed income: 1.1% or 2% of cadastral value24%Modelo 210, yearly
LetGross rent, with no expenses deducted24%Modelo 210
SoldThe gain; the buyer withholds 3% of the price19%Modelo 211 (buyer), Modelo 210 (seller)
Any year you own itIBI, the council's property taxSet by the councilCouncil bill

Since 1 January 2021 UK residents pay 24% rather than the 19% charged to EU and EEA residents, and cannot deduct expenses (Agencia Tributaria Brexit guidance; arts. 24.6 and 25 TRLIRNR).

IBI (Impuesto sobre Bienes Inmuebles) is the town hall's tax on owners, charged on the cadastral value at a rate each council sets between 0.4% and 1.10% for urban property, with some increases allowed (art. 72, RDL 2/2004).

A home you do not let: imputed income

Spain taxes a second home as if it earned income. Apply 1.1% to the cadastral value on your IBI receipt if your town's values were revised in a general revaluation that took effect in the tax year or the ten before it, and 2% otherwise (art. 85, Ley 35/2006; art. 24.5 TRLIRNR).

The Catastro's website shows when each town was last revalued; the result is scaled to the days owned and your share, with no costs deducted.

Sources disagree for 2024 and 2025. The Agencia Tributaria's guidance says 1.1% applies in those years wherever a general revaluation took effect from 2012. The BOE's consolidated text shows that rule was enacted for 2023 only: three decree-laws extending it, the last being Real Decreto-ley 2/2026, were revoked by Congress. It matters only for towns last revalued in 2012–2014.

Worked example: illustrative arithmetic only

A hypothetical cadastral value of €100,000 for a home owned half each by a UK-resident couple and never let. Arithmetic only, not an estimate for any real home.

Illustrative arithmetic only (hypothetical value, September 2026 rates)
StepIf 1.1% appliesIf 2% applies
Cadastral value€100,000€100,000
Imputed income for the whole home€1,100€2,000
Each owner's half€550€1,000
Tax per owner at 24%€132.00€240.00
Per owner if bought on 1 April (275 of 365 days)€99.45€180.82

Each spouse files a separate Modelo 210; from 1 January 2027 the form asks for days owned and the percentage share.

Modelo 210 deadlines after the 2026 change

Orden HAC/623/2026 (BOE, 23 June 2026) moved the windows. Imputed income for 2025 is filed as before, from 1 January to 31 December 2026; from the 2026 tax year the window is 1 April to 31 December of the next year, or 23 December with direct debit.

Rent can be declared payment by payment or grouped by year (annual grouping applies to rent earned from 2024). Separately declared rent for July to September 2026 is still due in the first 20 days of October 2026; rent from October 2026, and a grouped year, is due in the first 20 days of April of the next year (Agencia Tributaria note).

Most Britons file under their NIE, the tax number for foreigners (getting an NIE). A Spanish tax representative is needed only in listed cases, such as when the Agencia Tributaria asks because you own property in Spain (art. 10 TRLIRNR).

If you let the home

Rent is taxed on everything the tenant pays, including furniture let with the home but excluding VAT. If the home is let for only part of the year, the other months carry imputed income.

The ban on deducting expenses is under challenge. On 28 July 2025 the Audiencia Nacional let a US resident deduct letting costs, finding that the difference breaches EU free movement of capital; on 15 July 2026 the Supreme Court agreed to hear the State's appeal, as reported by the law firm Cuatrecasas. Until it rules, the law as written applies.

HMRC also taxes UK residents on overseas rent through Self Assessment, usually with Foreign Tax Credit Relief for the Spanish tax paid.

Selling: 3% withholding, Modelo 211 and the gain

When a non-resident sells, the buyer keeps back 3% of the agreed price and pays it to the Agencia Tributaria on Modelo 211 within one month, giving the seller a copy (art. 25.2 TRLIRNR). The seller then has three months, from the end of that month, to file Modelo 210 on the gain.

The gain is the sale price net of selling costs, minus the purchase price plus purchase taxes, fees and improvements, but not repairs. It is taxed at 19%; the 3% counts towards the bill and any excess is refunded.

When the seller is a non-resident individual, the law makes the buyer the substitute taxpayer for the council's plusvalía tax (art. 106.2, RDL 2/2004).

If you become resident in Spain

You become tax resident by spending more than 183 days in Spain in a calendar year or having your main economic interests there; it is presumed if your spouse and dependent children under 18 live there (art. 9, Ley 35/2006). That test is separate from the 90-in-180-day visitor limit (the 90-day rule and EES), and staying longer needs a visa such as the non-lucrative visa.

Residents pay IRPF on worldwide income and file Modelo 100; the 2025 campaign ran from 8 April to 30 June 2026. The main home stops producing imputed income, though other Spanish property still does (art. 85).

Residents also file Modelo 720 between 1 January and 31 March if accounts, securities or property abroad exceed €50,000 in any of those categories. After the EU Court of Justice ruling of 27 January 2022 (C-788/19), Ley 5/2022 swapped its special penalties for the general regime; the duty to file remains.

These are the rules as of September 2026, not advice: confirm your position with an independent Spanish tax adviser or lawyer (abogado) before filing. For the wider picture, see retiring to Spain and buying in Spain.

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Common questions

Do I pay tax in Spain on a holiday home I don't rent out?

Yes. A non-resident owner pays IRNR each year on imputed income: 1.1% or 2% of the cadastral value, pro rata to days owned and each owner's share, taxed at 24% for UK residents. Every owner files Modelo 210, and the council's IBI is billed separately.

What is the Modelo 210 deadline?

Imputed income for 2025 on a home you do not let must be filed between 1 January and 31 December 2026. From the 2026 tax year, Orden HAC/623/2026 moves the window to 1 April to 31 December of the next year, or 23 December with direct debit.

Can UK residents deduct expenses from Spanish rental income?

Not under the law as written: since Brexit only EU and EEA residents may deduct costs, so UK residents pay 24% on gross rent. A 2025 Audiencia Nacional judgment for a US resident is on appeal to the Supreme Court, which admitted it on 15 July 2026. Ask an adviser before relying on it.

What is the 3% retention when a non-resident sells property in Spain?

The buyer withholds 3% of the price and pays it to the Agencia Tributaria on Modelo 211 within a month of the sale. It counts towards the seller's 19% tax on the gain, declared on Modelo 210 in the next three months, and any overpayment is refunded.

What happens to my Spanish tax when I become resident?

You move from IRNR to IRPF on your worldwide income, filing Modelo 100 between April and June. Your main home no longer carries imputed income. If your assets abroad exceed €50,000 in accounts, securities or property, you also file the Modelo 720 information return by 31 March.

More on Spain

Sources

  1. Real Decreto Legislativo 5/2004, texto refundido de la Ley del IRNR, consolidated text, arts 10, 24, 25 (BOE, last updated 25 May 2023)
  2. Ley 35/2006 del IRPF, consolidated text, arts 9 and 85 and disposición adicional 55ª (BOE, last updated 9 Sep 2026)
  3. Real Decreto-ley 2/2026, art. 10.2 (BOE, 4 Feb 2026; revoked)
  4. Resolución de 26 de febrero de 2026 del Congreso: derogación del Real Decreto-ley 2/2026 (BOE, 28 Feb 2026)
  5. Orden HAC/623/2026, de 12 de junio, modelos 210, 211 y 213 (BOE, 23 Jun 2026)
  6. Nota: modificaciones en plazos de presentación del modelo 210 (Orden HAC/623/2026) (Agencia Tributaria)
  7. Cuestiones específicas sobre tributación de inmuebles: tipos de rentas (Agencia Tributaria)
  8. Renta imputada de inmueble urbano para uso propio (Agencia Tributaria)
  9. Rendimientos de inmuebles arrendados (Agencia Tributaria)
  10. Consecuencias del Brexit en el IRNR sin establecimiento permanente (Agencia Tributaria)
  11. Manual de tributación de no residentes: ganancias patrimoniales derivadas de la venta de inmuebles (Agencia Tributaria)
  12. Manual de tributación de no residentes: el representante (Agencia Tributaria)
  13. Real Decreto 1065/2007, art. 20: tax number of foreign nationals (BOE)
  14. Real Decreto Legislativo 2/2004, Ley Reguladora de las Haciendas Locales, arts 60-72 (IBI) and 106 (plusvalía) (BOE)
  15. No residentes y deducción de gastos de inmuebles: Audiencia Nacional, 28 Jul 2025, ECLI:ES:AN:2025:3630 (Cuatrecasas, law firm, 11 Sep 2025)
  16. A casación la deducción de gastos de alquiler en el IRNR: Auto del Tribunal Supremo, 15 Jul 2026, ECLI:ES:TS:2026:7675A (Cuatrecasas, law firm, 16 Sep 2026)
  17. El Tribunal Supremo admite a casación el debate sobre la deducción de gastos de alquiler por no residentes de terceros países: Auto TS 15 Jul 2026, recurso 6741/2025 (Primera Lectura Ediciones, tax publisher, 18 Sep 2026)
  18. Campaña de Renta 2025 and calendario (Agencia Tributaria)
  19. Modelo 720: declaración sobre bienes y derechos situados en el extranjero, plazos (Agencia Tributaria)
  20. Modelo 720 preguntas frecuentes: sanciones y efectos (Agencia Tributaria)
  21. Ley 5/2022, de 9 de marzo, preamble IV on the CJEU judgment of 27 Jan 2022, C-788/19 (BOE)
  22. Tax on foreign income (GOV.UK, HMRC)

Last checked 2026-09-28. Rules and rates change; this is general information, not legal, tax or financial advice. Confirm your own position with an independent Spanish lawyer or tax adviser before you act.