Lawyers Spain | Selling Property in Spain as an American | Complete Legal Guide
Selling property in Spain as a US citizen comes with unique legal and tax implications, including FIRPTA-like Spanish withholding requirements, capital gains tax (plusvalía), and potential double taxation issues between Spain and the United States. Tomas Ballestero Lawyers, with over 30 years of experience at our Jávea office on Avenida del Pla 126, provides American property owners with comprehensive legal support throughout the selling process on the Costa Blanca and across Spain, ensuring full compliance with both Spanish and US tax obligations.
American Selling Property in Spain? Get Expert Help
72+ Five-Star Google Reviews
More verified reviews than any other law firm in Jávea. Read what British, Dutch, and German clients say about working with English-speaking lawyers who truly understand their needs.
Partner Office in Dénia
We have a local presence in Dénia through our English and French-speaking partner office, plus our main office in Jávea just 10 minutes away. This means face-to-face meetings in your language when you need them.
Also in Valencia
Unlike other Costa Blanca law firms, we have a full office in Valencia city. This means faster processing for documents that require the regional capital – saving you time and money.
Frequently Asked Questions
Do I need a Spanish will if I own property in Dénia? Yes, strongly recommended. Without a Spanish will, your heirs face 6-12 months of delays, costly translations, and potential complications with Spanish inheritance law. Can British citizens still buy property in Dénia after Brexit? Absolutely. British citizens can buy property in Spain with no restrictions. However, you now need a visa or residency permit to stay more than 90 days in any 180-day period. Where is your office for Dénia clients? We have a partner office in Dénia and our main office is in Jávea, just 10 minutes away. We also have a office in Valencia for matters requiring regional processing.
Property Services in Spain
From seafront apartments in El Portet to hillside villas in Benimeit and Cap d’Or, we handle all aspects of your property purchase in Spain – legal checks, contract review, NIE applications, and notary completion. Can’t travel to Spain? We prepare your Power of Attorney so you can buy remotely.
Buy or Sell Property Without Travelling to Spain
We prepare your Power of Attorney in English and Spanish. You sign in your home country, we handle the entire purchase or sale process on your behalf – including notary signing.
Inheritance & Wills in Spain
Inherited property in Spain? We handle the entire probate process for international families – from obtaining death certificates and locating assets to paying inheritance tax and transferring property titles. We also prepare Spanish wills to protect your heirs in the future. Our Jávea office makes the process easier even if you can’t travel to Spain.
30+ Years Experience
Since 1992, we have helped thousands of international clients navigate Spanish law. We’ve seen every situation and know how to protect your interests.
We Speak Your Language
English and French are spoken. No interpreters, no miscommunication – direct legal advice in your language from qualified Spanish lawyers.
Frequently Asked Questions
Can British citizens still buy property in Spain after Brexit?
Absolutely. British citizens can buy property in Spain with no restrictions. However, you now need a visa or residency permit to stay more than 90 days in any 180-day period.
How much are legal fees for buying property in Spain?
Contact us for a personalised estimate.
Do I need a Spanish will if I own property in Spain?
Yes, strongly recommended. Without a Spanish will, your heirs face 6-12 months of delays, costly translations, and potential complications with Spanish inheritance law.
Free Consultation – No Obligation
Have questions about property, wills, or any legal matter in Spain? Contact us today.
Related Legal Services for Expats Selling Property in Spain
Frequently Asked Questions
What taxes do US citizens pay when selling property in Spain?
What is the and how does it affect American sellers?
When a non-resident sells property in Spain, the buyerthere is a statutory retention on non-resident sales and remit it to Hacienda on your behalf. This acts as a guarantee against your Capital Gains Tax obligation. For example, on a $350,000 sale, approximately $10,500 would be retained. After filing your CGT return (Form 210), if your actual tax liability is lower, you can claim the difference as a refund. Your lawyer manages this entire process and ensures timely filing.
What documents do I need to sell my property in Spain as an American?
You will need your NIE (Número de Identidad de Extranjero), the original title deed (Escritura), a current Nota Simple from the Land Registry, an up-to-date IBI receipt (local property tax), the Energy Performance Certificate (Certificado Energético), community fee payment receipts if applicable, proof of any mortgage cancellation or outstanding balance, and your valid US passport. Your lawyer will verify all documentation and coordinate with the notary for completion.
Can I sell my Spanish property from the United States without travelling?
Yes. You can grant a Power of Attorney (Poder Notarial) to your lawyer in Spain, authorising them to handle the entire sale process including signing the deed at the notary. The Power of Attorney can be executed at the Spanish Consulate in your area (New York, Miami, Los Angeles, Houston, Chicago, etc.) or before a US notary public with an apostille. Your lawyer then manages viewings coordination, contract negotiation, and final completion on your behalf.
How long does it take to sell a property in Spain?
Once a buyer is found and terms are agreed, the legal process from signing the deposit contract (Contrato de Arras) to completion at the notary typically takes 6 to 10 weeks. During this time, your lawyer conducts due diligence, prepares documentation, coordinates mortgage cancellation if needed, and arranges the notary appointment. The entire process from listing to completion generally takes 3 to 6 months on the Costa Blanca.
What are my US tax obligations after selling Spanish property?
As a US citizen, you must report worldwide income to the IRS, including capital gains from selling foreign property. However, the US-Spain Double Taxation Treaty allows you to claim a Foreign Tax Credit (Form 1116) for Capital Gains Tax paid in Spain, helping avoid double taxation. The sale must also be reported on FBAR (FinCEN 114) if your foreign financial accounts exceeded $10,000 at any point during the year. We recommend consulting a US tax advisor for proper compliance. Your Spanish lawyer provides all necessary documentation of taxes paid in Spain.
Do I need to cancel my Spanish mortgage before selling?
The mortgage must be cleared at or before the completion of the sale. This is commonly handled simultaneously at the notary — the buyer’s funds pay off your outstanding mortgage, the bank issues a cancellation certificate, and the remaining proceeds are transferred to you. Your lawyer coordinates with your bank for the exact payoff amount, arranges the cancellation documentation, and ensures the mortgage is formally removed from the Land Registry after completion.
