When you sale your Property (or legally changed ownership thanks to a “Dacion en Pago” operation ( https://www.reuterssolicitors.com/wipe-your-mortgage-out-dacion-pago/) 3% of the value is withheld because of the condition of being a non-resident according to the art.RD 5/2004 art.25 and art.14 RD 1775/2004, this withhold is a payment in advance of the Capital Gains.

According to Spanish law, Capital gains are considered to be income obtained in Spanish territory when they come from property assets in Spanish territory.

Well, If you haven´t got any Capital Gains or very small one, then you are entitled to claim that money back.

As we are collaborator of the Tax Authority thanks to the art.92 Ley General Tributaria 58/2003, we can assist you with all the necessary experience and knowledge of the Law to ensure you to get that money back.

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