Frequently Asked Legal Questions for Expats in Spain
Living, working, or investing in Spain as an expat comes with lots of questions — and we’re here to help you find clear, trustworthy answers. At Platinum Legal Spain, we specialize in assisting international clients with everything from property purchases and taxes to residency, family law, and inheritance. Browse our frequently asked questions by legal area below. If you don’t find your question, feel free to contact us — we’re always happy to assist.
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Property Law in Spain
Do I need a NIE to buy property in Spain?
Yes. A NIE (Número de Identificación de Extranjero) is required for any property purchase or legal transaction in Spain. It acts as your identification number and must be obtained before signing any contracts. We help clients secure their NIE efficiently.
How long does the property buying process take in Spain?
Typically, the full process takes 6 to 12 weeks from start to finish, depending on due diligence, mortgage approval, and paperwork. We streamline the process by handling legal checks, contract reviews, and title transfer.
Can foreigners safely buy property in Spain?
Yes — with proper legal advice. We check for debts, validate ownership, and ensure full legal protection.
What does a solicitor do in a property purchase?
We review contracts, verify legal status, liaise with the notary, handle taxes, and register the property in your name.
Can I complete a property purchase via Power of Attorney?
Yes. This is common, especially for non-residents. We can represent you throughout the entire process.
What documents do I need to buy property in Spain?
Key documents include:
Valid passport
NIE number
Proof of funds or mortgage pre-approval
Power of Attorney (if you’re not present)
Your solicitor will manage additional paperwork such as title deeds, notary arrangements, and land registry checks.
What is a reservation contract and is it binding?
A reservation contract is usually the first step in the buying process, securing the property and taking it off the market.
It involves a small deposit (often €3,000–€6,000).
It is legally binding, and backing out later may mean losing your deposit unless terms allow.
We ensure all terms are fair before you sign.
Are there hidden costs when buying property in Spain?
In addition to the purchase price, you should budget for:
Transfer tax (6–10%) or VAT (10%) on new builds
Notary and registration fees
Legal fees
Banking and mortgage fees (if applicable)
We provide detailed cost breakdowns to avoid surprises.
How do I know the property is legally sound?
Our legal team:
Checks that the property is free from debts or encumbrances
Confirms it’s properly registered in the Land Registry
Verifies compliance with planning permissions
Ensures no outstanding community or utility debts
Can I get a mortgage in Spain as a foreigner?
Yes. Many banks offer mortgages to non-residents, though terms may differ:
Typically 60–70% loan-to-value (LTV) for non-residents
Up to 80% LTV for residents
Proof of income, credit reports, and legal checks are required
We assist with preparing and negotiating mortgage terms.
What is the role of the notary in a property sale?
A notario is a public official who:
Confirms the legality of the sale
Drafts and oversees the signing of the Escritura Pública (title deed)
Submits the deed for registration The notary ensures all parties understand and agree to the contract, but does not represent your interests — that’s why having a solicitor is essential.
How long does the property registration take after signing?
After signing at the notary, the property is submitted to the Land Registry, which typically takes 2–12 weeks. We monitor the registration and confirm once it’s complete.
Can I buy rural or off-plan property safely in Spain?
Yes — but they require extra due diligence:
Rural properties may lack licenses or proper infrastructure.
Off-plan purchases involve phased payments and require bank guarantees.
We investigate thoroughly and ensure your investment is secure.
Spanish Tax for Expats
What taxes apply to non-resident property owners?
Non-resident property owners in Spain are subject to several taxes:
IBI (Impuesto sobre Bienes Inmuebles): A yearly local property tax, paid to the local council. The rate varies by municipality.
Non-resident Income Tax (IRNR): Even if the property isn’t rented, non-residents must pay tax on an imputed rental value (usually 1.1% or 2% of the cadastral value).
Capital Gains Tax: If you sell the property, you’re liable for 19% tax on the net profit. A 3% retention is withheld at the time of sale.
We manage all these filings for you to ensure full compliance and avoid penalties.
Do residents and non-residents pay the same taxes?
No. Spanish tax residency status significantly affects your tax obligations:
Residents (living in Spain more than 183 days per year) are taxed on their worldwide income and file annual tax returns (IRPF).
Non-residents are only taxed on Spanish-sourced income, such as rental income or capital gains from a property sale.
Our team advises both residents and non-residents to ensure the correct filings and rates are applied.
Do I need to file a tax return in Spain as an expat?
Yes — whether you’re a resident or a non-resident, you may need to file:
Residents file annual IRPF returns for all global income.
Non-resident property owners must file Form 210 for imputed income or rental income, even if the property is vacant.
We determine your obligations based on your residency status and property ownership and handle all submissions.
Are capital gains taxes due when selling a Spanish property?
Yes. Whether resident or non-resident, capital gains tax applies:
Non-residents pay a flat 19% on profits.
Residents pay 19–26%, based on gains.
Exemptions and deductions (such as reinvestment in a main residence) may apply for residents.
We handle profit calculations, retention management, and declarations to minimize your liability.
What exactly is IBI tax and who pays it?
IBI is a local municipal tax on real estate, calculated annually on the cadastral value of the property.
It must be paid by the registered owner of the property, regardless of whether they are a resident or non-resident.
Even if the property is unused, IBI is still due.
We help ensure IBI is paid on time and assist with setting up direct debits for convenience.
Can I rent out my property in Spain as a non-resident?
Yes, you can. However, rental income is taxable in Spain.
EU/EEA non-residents are taxed at 19% on net income (after expenses).
Non-EU residents are taxed at 24% on gross income (no deductions allowed).
We manage both short- and long-term rental declarations and ensure your compliance with quarterly tax filings.
Do expats have to pay wealth tax in Spain?
Potentially, yes. If your net assets in Spain exceed a set threshold (€700,000 in most regions, excluding your main home up to €300,000), you’re liable for wealth tax (Impuesto sobre el Patrimonio).
This applies to both residents (worldwide assets) and non-residents (Spanish assets only). We can assess your exposure and file on your behalf if needed.
What happens if I miss a tax deadline in Spain?
Missing a tax deadline can result in:
Late payment interest
Surcharges of 5% to 20% depending on delay
Potential fines for non-compliance
We help clients avoid penalties by managing tax calendars, setting up reminders, and handling submissions in advance.
Can I deduct expenses from my Spanish rental income?
Yes — if you’re a resident or an EU/EEA national, you can deduct allowable expenses such as:
Property management fees
Repairs and maintenance
Mortgage interest
Local taxes and utilities
Non-EU nationals cannot deduct expenses. Our team helps maximize legal deductions for those who qualify.
What is the Modelo 720 and do I need to file it?
Modelo 720 is a mandatory declaration for Spanish tax residents who own assets abroad worth over €50,000 (e.g., foreign bank accounts, investments, property).
Non-compliance can result in serious fines. We advise on when and how to file it correctly.
Is there a double taxation agreement between Spain and my country?
Spain has double taxation agreements (DTAs) with many countries (including the UK, US, and most EU nations). These prevent you from paying tax twice on the same income.
We review your country’s treaty with Spain to ensure you’re not overpaying and claim available tax credits.
Immigration & Visas
What taxes apply to non-resident property owners?
Spain offers several visa types depending on your purpose of stay:
Non-lucrative visa – for those who can support themselves without working.
Golden visa – for property investors (€500,000+).
Digital nomad visa – for remote workers employed by companies outside Spain.
Student visa – for academic programs.
Work visa – for those with a Spanish job offer.
We help you choose the right path and prepare the application.
What is the non-lucrative visa and who qualifies for it?
The non-lucrative visa is for non-EU citizens who wish to live in Spain without working locally. You must show:
Proof of sufficient income or savings (currently €2,400+/month for individuals)
Full private health insurance
Clean criminal background
It’s a popular option for retirees and remote workers not needing Spanish employment.
Can I apply for Spanish residency from abroad?
Yes. Most residency visa applications start at the Spanish consulate in your home country.
Once approved, you travel to Spain and complete the process with local immigration offices.
We guide you through both stages, from consulate prep to TIE (residency card) issuance.
How long can I stay in Spain without a visa?
If you’re from a non-EU country (like the UK or US), you can stay up to 90 days in any 180-day period without a visa.
To stay longer, you need a residency permit or visa. Overstaying can lead to fines or future entry bans.Yes. Whether resident or non-resident, capital gains tax applies:
Non-residents pay a flat 19% on profits.
Residents pay 19–26%, based on gains.
Exemptions and deductions (such as reinvestment in a main residence) may apply for residents.
We handle profit calculations, retention management, and declarations to minimize your liability.
How long does the residency application process take?
It varies:
Non-lucrative visa: 2–3 months (plus 30 days in Spain to complete)
Golden visa: Often approved in under 1 month
Digital nomad visa: Varies depending on documentation
We track timelines closely and provide full support during processing.
Can my spouse and children be included in my residency application?
Yes. Most Spanish visas allow family reunification.
Your spouse and dependents can be included either at the initial application stage or join you later through a reunification permit.
We ensure all family documents meet the required legal and consular standards.
Is private health insurance required for Spanish residency?
Yes, for most visa types (except some work permits), full private health coverage is mandatory. It must:
Cover 100% of medical costs in Spain
Have no co-payments or exclusions
Be valid from the date of entry
We can connect you with approved insurance providers.
What happens if I miss a tax deadline in Spain?
Yes — residency can be revoked if you:
Are outside Spain for more than 6–12 months (depending on your visa type)
Commit serious legal offenses
No longer meet income or insurance requirements
We advise clients on maintaining residency and reapplying if needed.
Family Law for Expats in Spain
Do expats need a Spanish will?
Yes — but with some conditions.
At least one partner usually must be a legal resident in Spain or have strong ties to the country. Required documents include:
Valid passports
Birth certificates
Certificate of no impediment
Residency proof (if applicable)
We guide you through the legal requirements and liaise with the local registry office.
Is a marriage in Spain valid internationally?
Yes. A legally registered marriage in Spain is generally recognized worldwide, provided it follows proper civil procedures. After the ceremony, we help with:
Obtaining international marriage certificates
Notarized translations (if needed)
Apostilles for legal use abroad
Can expats get divorced in Spain?
Yes — if one or both spouses reside in Spain, Spanish courts can have jurisdiction.
Divorce can be mutual (express divorce) or contested. Spanish law focuses on:
Division of assets
Spousal maintenance
Child custody
We represent clients in amicable and complex cross-border divorce cases.
How is child custody handled in Spain?
Custody decisions are based on the best interests of the child, regardless of nationality. Spanish courts often prefer:
Joint custody, unless it’s proven unfit for the child
Considerations include education, housing, and each parent’s ability to care
We help ensure custody agreements are fair, enforceable, and respectful of both Spanish and international law.
Do I need a prenuptial agreement in Spain?
A prenup (capitulaciones matrimoniales) can define asset division and responsibilities. It’s highly recommended for:
International couples
Business owners
Those with property in multiple countries
We draft legally binding, bilingual prenuptial agreements to protect both parties.
Can I relocate with my child to another country after divorce?
Not without permission.
If the other parent opposes relocation, you must seek court approval. Unauthorized international relocation may violate child abduction laws under the Hague Convention.
We advise and represent clients in these sensitive cases.
Business & Commercial Law for Expats in Spain
Can foreigners open a business in Spain?
Yes, both EU and non-EU citizens can open a business in Spain. Common options include:
Self-employed (autónomo) registration
Limited company (SL – Sociedad Limitada) formation
We guide you through permits, registrations, and compliance to get your business legally established.
What’s the difference between registering as autónomo vs. opening a company (SL)?
Autónomo: Ideal for freelancers or solo professionals. Fast, low-cost setup but with personal liability.
SL (Limited Company): Suitable for larger operations. More formal setup with limited personal liability and separate legal identity.
We help you decide the best structure based on your goals and tax profile.
What legal steps are needed to start a company in Spain?
Key steps include:
Obtaining a NIE for all partners
Certifying the company name
Opening a business bank account
Drafting and signing the deed of incorporation
Registering with the Mercantile Registry
Applying for a CIF (Tax ID) and social security registration
We handle the full legal process from start to finish.
Do I need a work permit to run a business in Spain?
If you’re a non-EU citizen: Yes — you’ll need a self-employment visa (visado de trabajo por cuenta propia) or an entrepreneur visa before registering as an autónomo or forming a company. This must be obtained before arriving or finalizing registration in Spain. We manage the full visa application and legal setup.
If you’re an EU/EEA or Swiss citizen: No, you do not need a work permit. You can freely register as self-employed (autónomo) or open a business in Spain. However, you must still:
Obtain a NIE number
Register with the Spanish tax office (Hacienda)
Join the Spanish social security system
We help EU citizens handle all required registrations and documentation to start working legally in Spain.
What are my tax obligations as a business owner in Spain?
Tax duties vary by structure:
Autónomos file quarterly VAT and income tax returns.
SLs file corporate income tax, VAT, and annual accounts.
We offer ongoing tax support and fiscal representation to keep your business compliant.
Can I hire employees in Spain as a foreign business owner?
Yes — as long as your business is registered and compliant. You must:
Register as an employer with social security
Draft legal employment contracts
Withhold and report income tax (IRPF)
We assist with HR legalities, contracts, payroll, and social security contributions.
Is it possible to buy an existing business in Spain?
Yes, buying an existing business can be a smart and efficient way to enter the Spanish market — especially if the business already has clients, licenses, and infrastructure in place.
For EU/EEA/Swiss citizens: You can freely buy and operate a business in Spain without needing a visa. However, you must:
Register as self-employed or form a company
Obtain a NIE
Register for tax and social security
For non-EU citizens: You will need a valid self-employment visa or entrepreneur visa before operating the business. We handle the visa process and ensure legal compliance.
When purchasing a business, we carry out:
Full due diligence checks (financial, legal, and operational)
Contract negotiation and legal structuring
Transfer of licenses, leases, and tax obligations
We make sure the business is legally sound and free of hidden liabilities before you commit.
Do I need a local business partner to start a company in Spain?
No — foreign investors can own 100% of a Spanish business.
There is no requirement for a Spanish partner unless a specific license or sector requires it.
Legal Matters & General Advice for Expats in Spain
Do I need a solicitor or gestor in Spain?
A solicitor (abogado) handles legal matters like property purchases, inheritance, litigation, and contracts and can advise on a wide range of legal matters.
A gestor deals with routine administrative tasks like vehicle registration, can do simple residency renewals, or tax filing but do not give ANY advice.
While gestors are useful, only solicitors provide legal advice and representation. We often work alongside trusted gestors to offer complete support.
What’s the difference between registering as autónomo vs. opening a company (SL)?
Autónomo: Ideal for freelancers or solo professionals. Fast, low-cost setup but with personal liability.
SL (Limited Company): Suitable for larger operations. More formal setup with limited personal liability and separate legal identity.
We help you decide the best structure based on your goals and tax profile.
What legal steps are needed to start a company in Spain?
Yes — our entire team is bilingual in English and Spanish. We specialise in helping British, Irish, European, Americans, Canadians, Dutch, German, French, Swedish, Belgian and other international clients navigate Spanish law with confidence and clarity.
Can you represent me if I'm not currently in Spain?
Absolutely. With a properly drafted Power of Attorney, we can act on your behalf in most legal matters, including:
Buying or selling property
Opening bank accounts
Submitting tax declarations
Signing documents at the notary
This is ideal for non-residents or those who can’t travel during the legal process.
What is a Power of Attorney (Poder Notarial) in Spain?
A Power of Attorney is a legal document that authorizes someone else (usually a solicitor) to act on your behalf in specific matters. It must be:
Signed before a Spanish notary, or
Signed in your home country and with a public notary legalized with an Apostille from the hague.
We draft POAs tailored to your needs and guide you through the signing process.
How can I protect myself from legal risks when buying property or doing business in Spain?
The key is proactive legal support. We:
Perform full due diligence
Identify and explain hidden costs or risks
Draft and review contracts in both English and Spanish
Ensure compliance with regional and national laws
We help you avoid costly mistakes with clear, expert legal advice.
Do I need translations for legal documents in Spain?
If you’re not fluent in Spanish, it’s highly recommended.
Many legal documents (deeds, contracts, tax forms) are only provided in Spanish
We offer certified translations and bilingual legal explanations for full transparency
Is it important to work with a local solicitor in Spain?
Yes — local knowledge is crucial.
Laws and procedures vary between regions (comunidades autónomas)
We operate in Murcia, Alicante, and the Costa Blanca, offering on-the-ground expertise with regional nuances and local authorities
Still Have Questions?
Let’s Talk
We hope this FAQ has helped you feel more confident about navigating legal matters in Spain. Whether you’re buying a property, applying for residency, managing taxes, or planning your future here — our experienced, bilingual team is here to help.
If your question wasn’t answered above or you need personalized advice, don’t hesitate to reach out.
We’re just a message away — and always happy to help.