Updated: May 2026
Tomas Ballestero Lawyers is a Spanish law firm with a partner office in Dénia (Alicante province, northern Costa Blanca — Marina Alta), helping American citizens sell property in Spain since 1992 — over 30 years of experience. Our lawyers are registered with the Ilustre Colegio de Abogados de Valencia (ICAV) and provide services in English and French. 72+ verified 5★ Google reviews. Initial consultation free. We handle the entire Spanish side of your Dénia sale — due diligence, tax filings (Modelo 210 / 211), notary appointment, registry — remotely from the U.S., with no need to travel.
Selling Property in Dénia as a U.S. Citizen: What Makes It Different
Dénia sits in the Marina Alta, with its own Ayuntamiento de Dénia handling municipal Plusvalía and its own Land Registry filings — different from Jávea or Valencia city, even though all are processed in the same province. As a Dénia property owner you also face the Spanish non-resident regime: a 3% retention on the sale price (Modelo 211) and a separate capital gains declaration (Modelo 210), plus the local Plusvalía from the Town Hall of Dénia. Coordinating these correctly — and aligning them with your U.S. tax position — is where a specialist Spanish counsel earns their fee.
Our Services for American Sellers in Dénia
Capital Gains Tax (IRPF — Non-Resident)
We calculate your Spanish capital gains under the non-resident regime and file Modelo 210. We apply allowable deductions (acquisition costs, documented improvements, notary and lawyer fees, plusvalía paid). We work consistently with the Convention between the United States of America and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (Madrid, 22 February 1990, as amended by the Protocol that entered into force on 27 November 2019). We advise only on the Spanish side and coordinate with your U.S. tax adviser so you receive one consistent picture.
3% Non-Resident Retention (Modelo 211)
The buyer withholds 3% of the sale price and pays it to the Spanish tax authority (AEAT) on your behalf. We handle the Modelo 211 reconciliation against your final tax due — including refund claims where the retention exceeds the actual liability.
Plusvalía Municipal — Dénia Town Hall
The municipal capital gains tax is calculated locally by the Ayuntamiento de Dénia on the increase in the cadastral land value. We confirm the calculation, identify cases where it may be challenged under the Constitutional Court ruling STC 182/2021, and ensure it is paid correctly to the right municipal authority.
Power of Attorney (POA) — Remote Sale from the U.S.
You do not need to fly to Dénia for completion. We prepare the POA wording in English (with sworn Spanish translation if required by the notary), you sign before a U.S. notary, and you affix the Hague Apostille — issued by the relevant U.S. Secretary of State or, for federally issued documents, the U.S. Department of State. We coordinate the rest on the Spanish side.
NIE for Sellers
If your NIE has expired or you have never held one, we obtain or renew it on your behalf.
Coordination with Your U.S. Tax Adviser
For any reportable U.S. tax position on the sale (gain reporting on your U.S. return, FBAR considerations on the sale proceeds), we do not advise — we work in tandem with your U.S. tax counsel. We are your Spanish counsel; they remain your U.S. counsel. This avoids conflicting opinions and keeps the Spanish documentation aligned with your U.S. filings.
The Dénia Sale Process — What We Handle
- Due diligence — checks at the Registro de la Propiedad de Dénia, the local Catastro, the Ayuntamiento de Dénia (planning and IBI status) and the Community of Owners (debts, statutes).
- Compulsory documents — energy performance certificate, latest IBI receipt and community certificate confirmed in place before signing.
- Deposit contract (contrato de arras) — reviewed and negotiated to protect your position on price, completion conditions and breach clauses.
- Notary appointment — coordination with the buyer’s lawyer, the bank (if mortgage cancellation is needed) and the local notary in Dénia.
- Tax filing and registration — Modelo 211 (filed by the buyer), Modelo 210 (filed by us), and Plusvalía with the Ayuntamiento de Dénia.
Actual timing varies with each sale — mortgage cancellations, due diligence findings and the buyer’s lawyer pace all affect it. We do not offer fixed timelines; every transaction is different.
Frequently Asked Questions — Selling Property in Dénia (American Citizens)
What taxes do American citizens pay when selling in Dénia?
On the Spanish side: a 3% retention on the sale price (Modelo 211, paid by the buyer to AEAT on your behalf), the non-resident capital gains tax declaration (Modelo 210) and the municipal Plusvalía from the Ayuntamiento de Dénia. On the U.S. side, you may have separate reporting obligations on the gain and on the sale proceeds — that is the responsibility of your U.S. tax adviser; we coordinate with them.
Do I need to fly to Spain to sell my Dénia property?
No. A Power of Attorney signed in the U.S. and apostilled under the Hague Convention allows us to handle the entire completion in your absence.
Does the U.S.-Spain Tax Treaty help on the sale?
The 1990 Convention (as amended by the Protocol in force since 27 November 2019) governs how the gain is treated to avoid double taxation. Your U.S. adviser applies the U.S.-side mechanics; we ensure the Spanish-side declaration and retention are correct so any credits can be claimed properly.
Why work with Tomas Ballestero Lawyers for a Dénia sale?
30+ years working with international clients in Jávea, Dénia and the wider Costa Blanca. Lawyers registered with the Ilustre Colegio de Abogados de Valencia (ICAV). Services in English and French. 72+ verified 5★ Google reviews. Initial consultation free, no obligation.
Contact Us — Free Initial Consultation
We will review your Dénia sale and give you a clear roadmap of the Spanish side. Languages: English and French. Offices: Jávea (main) and Valencia, with a partner office in Dénia.
