Tax on housing for non-EU foreigners remains undebated in Parliament
The Government's proposal to levy up to 100% on property purchases by non-resident non-EU foreigners, announced in January 2025, continues to await approval and debate in Congress, according to VivendaNova.
Origin and processing
The Government announced on 13 January 2025 a proposal to create the so-called 'Complementary State Tax on the Transfer of Real Estate to Non-Residents in the European Union', which could reach up to 100% of the property's value, according to Sandín Abogados. The measure was formally registered in Congress on 22 May 2025, according to the same source.
Content of the proposal
According to Sandín Abogados, the taxable base of the new tax would be calculated by taking the highest value among the declared price, the price agreed between the parties, the market price and the cadastral reference value. MMMM Abogados specifies that operations subject to VAT would be excluded from this levy, such as the purchase of new construction from a developer, as well as transactions between business operators.
Political positions
According to Sandín Abogados, the Government and the PSOE present this measure as a brake on speculative property purchases, which they attribute to part of the rise in the property market. The same source notes that Junts opposes the proposal, arguing that Spain's housing problem is one of supply and that the tax does not contribute to building new homes. Podemos, for its part, considers the measure insufficient, according to Sandín Abogados.
Weight of foreign purchases
In 2024, nearly 14% of property sales in Spain were carried out by foreigners, and 52% of those operations corresponded to non-EU citizens, according to data collected by The Conversation. In 2023, British buyers represented 9.5% of the total property purchases by foreigners, according to ChatEurope. However, no specific data has been found on the weight of non-EU buyers in the Marina Alta comarca.
Legal concerns
Lawyers and academics consulted by The Conversation warn that the tax, as currently proposed, could prove confiscatory and conflict with the principle of free movement of capital within the European Union.
Current situation
As of late March 2026, the proposal had not yet been debated in Congress, according to VivendaNova, which notes that the tax on non-EU buyers remains unapproved and has no scheduled date for entry into force.