If you remain non resident without a permanent establishment at the time of selling your property, the buyer will retain, from the purchase price, the 3% to pay for your income tax as a “ganancia patrimonial”.

The “ganancia patrimonial” is the difference between your own purchase price and costs, and the selling price.
The tax is 19% .

If the total tax amount is over 3% of the purchase price that has already been paid, you will need to pay it, and if it is under, you will get back the difference

There are coefficients to be applied in order to update your purchase price and a transitional regime if you bought before 1st January 1994.

Tax must be calculated for each individual transaction, and you can’t compensate with losses on other assets.

Here is a complete guide, both for residents and non residents to Capital Gains

There is another local tax, mentioned earlier in the section about taxes for buying, the I.I.V.T.N.U. or “plusvalia” which charges for the transfer of urban land (whether it is built on or not).

The plusvalía must be paid by the seller but if he remains as a non resident without permanent establishment at the time of selling, the buyer must assume the responsibility to pay at the local council tax office, with the right to ask for it back from the seller.

It is advisable to reach a special purchase agreement with the buyer that the tax is to be paid completely by him and at his own account to avoid a future claim from the buyer to be repaid.