ITP transfer tax in Spain 2026: how much resale buyers pay, how it is calculated, and when it is due

Published 2 April 2026 · Updated 18 October 2026

What is ITP and who pays it?

ITP - Impuesto de Transmisiones Patrimoniales - is the regional transfer tax on second-hand residential property in Spain. It applies to resale homes and is normally the buyer's responsibility. New-build purchases do not pay ITP - they are subject to VAT and stamp duty instead.

How regional rates work - Andalucia and the 2021 reform

ITP is set by each autonomous community. Since the 2021 tax reform Andalucia applies a general 7% rate to resale purchases, with reduced rates of 6% and 3.5% for qualifying main-home buyers. Other regions use different rates and, in many cases, sliding scales, temporary discounts or exemptions for certain buyers. Always confirm the current rate with the regional tax office before you buy.

What exactly is the taxable base?

The taxable base for ITP is the value used to calculate the tax. For property, article 10.2 of the ITP law sets it as the higher of:

• the price or value declared by the parties, and
• the property's reference value (valor de referencia) from the Catastro.

If the property has no reference value, the base is the highest of the declared value, the agreed price and the market value, and the tax office can check the declared value. That is why buyers should keep clear records and be prepared to explain the deal price.

Which documents and forms are involved?

When you pay ITP you normally submit a regional ITP form - in many regions that is Modelo 600 - together with supporting documents: a copy of the public deed or private contract, proof of identity (NIE or passport), and proof of payment. Requirements can vary by autonomous community, so check the local tax agency or ask your conveyancer to confirm.

When is ITP due? A practical timetable

In Andalucía the ITP return must be filed and paid within two months, counted from the day after the transfer, which is normally the date you sign the public deed (article 69.1 of Andalusian Law 5/2021). In other regions, check the deadline with the regional tax office. The Property Registry will not register your deed until the ITP return has been filed (article 54 of the ITP law).

Missing the deadline can trigger interest and surcharges. If you are unsure which date applies in your region, ask your notary or gestor before signing the deed so you can plan payment and registration.

How to calculate ITP - the simple formula

The calculation itself is straightforward once you have the taxable base and the regional rate:

ITP payable = taxable base x regional ITP rate

Example: in Andalucia a 7% ITP on a taxable base of EUR 500,000 would be EUR 35,000.

Real examples using verified market data for Marbella and Malaga

Below I use PropertyList market medians and Spain's notarial register price-per-square-metre data to show how two practical examples look at a 7% Andalucia rate. All price-per-m2 figures that come from the Spanish notarial register are linked to the source.

Location	Active listings	Median price	Median EUR/m2	Notary-verified EUR/m2	Implied median area	Notary-based value	ITP at 7% on median price	ITP at 7% on notary-based value
Marbella	1,286	EUR 1,499,000	EUR 6,296/m2	EUR 4,571/m2	~238.09 m2 (median price / median EUR/m2)	~EUR 1,088,299 (238.09 x EUR 4,571)	EUR 104,930 (7% of EUR 1,499,000)	~EUR 76,182 (7% of EUR 1,088,299)
Malaga	68	EUR 720,000	EUR 5,750/m2	EUR 3,036/m2	~125.22 m2 (median price / median EUR/m2)	~EUR 380,170 (125.22 x EUR 3,036)	EUR 50,400 (7% of EUR 720,000)	~EUR 26,612 (7% of EUR 380,170)

What do these numbers show in practice?

• If the buyer pays the median listing price and the deed reflects that amount, the taxable base will commonly be the declared sale price and ITP will be 7% of that amount in Andalucia. For example, a Marbella buyer paying the median listing price of EUR 1,499,000 would face around EUR 104,930 of ITP.
• Where the declared price is below the property's Catastro reference value, ITP is charged on the reference value instead (article 10.2 of the ITP law). The notary-verified EUR/m2 figures can produce a significantly different valuation - in our Malaga example the notary-based value using the register price-per-m2 comes out lower than the median sale price. In practice the taxable base is the higher of the declared price and the reference value, so buyers are taxed on the contract price whenever it is higher.

Why notary-verified EUR/m2 figures matter

Notary-verified price-per-m2 data shows the average price per m2 in an area. PropertyList includes links to notary-verified figures alongside live listings so buyers and their advisors can see comparable market evidence. For example, the Spanish notarial register shows EUR 4,571/m2 in Marbella and EUR 3,036/m2 in Malaga - both figures are published in the notarial register and linked in the examples above.

Common buyer questions - practical points to avoid surprises

Here are some of the issues buyers regularly run into, and how to handle them.

• Undervaluation on the deed - avoid it. Sellers and buyers sometimes try to declare a lower price to reduce taxes. If the tax office considers the sale price too low compared with market evidence it may re-assess and apply penalties. Always use realistic, supportable valuations.
• Currency, gifts or staged transactions - be transparent. Complex payment structures attract scrutiny and can trigger reassessment.
• Confirm who pays what in the private contract. ITP is legally the buyer's liability but parties may negotiate contributions - make these terms explicit in the contract.
• Plan cashflow. You will normally need to pay ITP soon after completion and before final registration, so include it in your budget alongside notary and registration fees.

Filing and payment - who usually does it?

Buyers often instruct a gestor or lawyer to submit the ITP form and arrange payment on their behalf. Notaries do not normally file ITP for you. A good conveyancer will prepare the form, calculate the tax due, lodge it with the regional tax office and obtain the payment receipt that you need to register the deed.

What if the regional rate changes during the purchase process?

Regional rate changes can complicate transactions that span the date of the change. Rules vary on whether the applicable rate is the rate in force on the date of the private contract or the date of the public deed. This is a technical point with legal and tax consequences - if your purchase straddles a rate change, ask your lawyer or tax adviser for a precise, region-specific interpretation.

When to get professional advice

ITP is straightforward in many simple cases but can become complex when:

• the sale price differs significantly from market indicators,
• the buyer is a company or a non-resident entity,
• there are unusual payment terms, or
• the transaction occurs near a known regional rate change or special regime.

If any of the above applies, get professional tax and conveyancing advice before you sign.

Andalucia's reduced ITP rates: how buyers pay less than 7%

The 7% general rate is only the starting point in Andalucia. Under Law 5/2021, two reduced rates matter for ordinary buyers: a 6% rate where the property will be your habitual residence and its value does not exceed 150,000 euros, and a 3.5% rate for buyers under 35 purchasing a habitual residence of up to 150,000 euros. Reduced rates also exist for large families and buyers with a disability, subject to their own value caps and conditions. On a 150,000 euro home, the under-35 rate saves 5,250 euros compared with the general rate. These reductions apply to resale purchases only - new builds pay 10% IVA plus 1.2% AJD instead of ITP. Conditions are checked at completion, so confirm the current requirements with your lawyer before signing.

FAQ

1. Is ITP always paid by the buyer?

Yes - legally the buyer is responsible for ITP on resale transactions. Parties can agree commercial contributions in the contract, but responsibility rests with the buyer.

2. Do I pay ITP on new-build homes?

No. A new home bought from the developer pays VAT (IVA) and stamp duty (AJD) instead of ITP (article 31.2 of the ITP law). Resale homes pay ITP.

3. How long do I have to pay ITP?

In Andalucía you must file and pay within two months, counted from the day after the transfer, normally the date of the public deed (article 69.1 of Andalusian Law 5/2021). In other regions, confirm the deadline with the regional tax office.

4. Can the tax office re-evaluate the sale price?

Yes, in effect: ITP is charged on the Catastro reference value whenever that is higher than the declared price (article 10.2 of the ITP law), and where a property has no reference value the tax office can check the declared value. That is why supportable valuations and documentary evidence are important.

5. What happens if I pay late?

Late payment can lead to interest and surcharges. If you miss the deadline contact a gestor or tax adviser immediately to regularise the situation.

Sources

Checked against the consolidated texts on the BOE on 25-09-26: articles 8, 10, 31 and 54 of the ITP law (Real Decreto Legislativo 1/1993), articles 41, 43, 49 and 69 of Andalusian Law 5/2021 and article 91 of the IVA law (Law 37/1992).

How PropertyList helps

PropertyList publishes live listings from real local agencies and links notary-verified price-per-m2 data next to market listings so buyers and advisers can compare published prices with notarial register figures. See live listings and notary-verified data at https://propertylist.es/en/. Agents can also join the MLS to share your listings and reach a focused audience.

Closing advice and call to action

ITP is a material cost in any resale purchase and one you can plan for. Use verified market data, ask the notary or your gestor about the regional filing deadline, and budget ITP into your completion costs from day one. To browse live listings and check notary-verified price-per-m2 evidence for specific towns and properties, visit PropertyList at https://propertylist.es/en/. If you are an agent and want to list your stock, learn about joining the MLS on the same site.