ITP tax in Spain: complete guide 2026
Overview
ITP (Impuesto sobre Transmisiones Patrimoniales) is the transfer tax you pay when buying a resale property in Spain. It's not optional, and getting it wrong can delay or derail your purchase.
Current Rates
In Andalucía the general ITP rate is 7% (article 41 of Andalusian Law 5/2021), a single rate that has applied since 2021. Other regions set their own rates (article 11 of the ITP law), so always check the current rate for the region where you buy.
How It's Calculated
ITP is calculated on the higher of the declared price and the property's Catastro reference value (valor de referencia), under article 10.2 of the ITP law. If you declare €300,000 but the reference value is €350,000, you pay ITP on €350,000.
When & How to Pay
In Andalucía you have two months to file and pay ITP, counted from the day after the transfer, which is normally the day you sign the deed at the notary (article 69.1 of Andalusian Law 5/2021). File late and you pay a surcharge of 1%, plus 1% for each full month of delay, or 15% plus interest once you are more than 12 months late (article 27 of the General Tax Law). Most buyers let their gestor or lawyer file and pay it.
Exemptions & Reductions
In Andalucía, a home you buy as your habitual residence pays a reduced 6% if its value is €150,000 or less, or 3.5% if you are also under 35 (article 43 of Andalusian Law 5/2021). New builds use VAT (10%) + Stamp Duty (1.2%) instead of ITP. Company purchases have different rules entirely.
Practical Tips
- Budget 10-12% total costs on top of purchase price (ITP + notary + registry + gestor)
- Never declare below market value: the tax office has databases and will catch you
- Use a gestor, not just a lawyer - they specialise in tax paperwork
- Keep all receipts, as you'll need them if you sell and want to reduce capital gains tax
Sources
Checked against the consolidated texts on the BOE on 25-09-26: articles 10 and 11 of the ITP law (Real Decreto Legislativo 1/1993), articles 41, 43, 49 and 69 of Andalusian Law 5/2021, article 91 of the IVA law (Law 37/1992) and article 27 of the General Tax Law (Law 58/2003).
