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The Proposed Foreign-Buyer Tax in Spain: Will It Affect You? (2026 Update)

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By Lee Doherty

Murcia Property Specialist · 6 August 2026

Updated 10 August 2026

The Proposed Foreign-Buyer Tax in Spain: Will It Affect You? (2026 Update)

As of August 2026, Spain's proposed "up to 100%" tax on non-EU, non-resident property buyers is not law. It was announced in January 2025, never reached a formal vote, and was left out of the government's own January 2026 housing package. Today you buy under the normal tax rules — nothing has changed.

You've probably seen the headlines. Maybe a friend forwarded one with a worried "Is this true?" And if you're a UK buyer eyeing a villa in Murcia, "100% tax" is the kind of number that stops a plan cold. Let's slow down and look at what was actually said, what actually happened, and what it means for a purchase near the Mar Menor right now.

What exactly did Spain propose?

On 13 January 2025, Prime Minister Pedro Sánchez announced a package of housing measures. One line grabbed every headline: a tax of "up to 100%" on the value of homes bought by non-resident (someone who doesn't live in Spain for tax purposes) buyers from outside the EU.

Note the wording. "Up to." No draft law. No rate table. No start date. It was a political announcement aimed at speculation and empty second homes — and an announcement and a law are very different things.

What's the real status in 2026?

Stalled. As of this article's date — 4 August 2026 — the measure has not become law, and there's no clear path to a vote.

In the eighteen months since the announcement, no version of the tax has been formally debated or voted on in Congress, and the government's January 2026 housing reform focused on rentals and left the 100% tax off the agenda. It's blocked from two sides: some partners argue it does nothing for housing supply, while the far left wants a stricter outright ban instead. Without a majority, it sits on the table.

Could that change? Politics can shift, so we won't promise it's dead forever. But "proposed and stuck" is a world away from "passed."

Who would it affect — and who wouldn't?

Even in the original proposal, the tax was narrow.

Your situationWould the proposal apply?
UK citizen, not a Spanish tax residentYes — this is the target group
Non-EU citizen (US, etc.), non-residentYes
EU/EEA citizenNo
Spanish tax resident (any nationality)No
Buying to live in Spain / moving overGenerally no — residency changes your status

Post-Brexit, a UK buyer keeping a holiday home while living in Britain is a non-EU non-resident — the exact profile named. That's why the story travels so fast in expat circles. But if you're relocating and becoming resident, you fall outside it entirely.

What would it mean for buying in Murcia specifically?

Right now, nothing — because the tax doesn't exist. You buy under the same rules as any other year. The taxes that genuinely apply are the ordinary ones, and these are the numbers on your actual completion statement.

What you're buyingTax that appliesRate in Murcia (2026)
New-build (from developer)IVA (VAT) + AJD (stamp duty)10% IVA + ~1.5% AJD
Resale (second-hand)ITP (transfer tax)7.75%

Murcia cut its general ITP from 8% to 7.75% with effect from 25 July 2025. And because MedSol's resort homes are new-builds, the relevant pair is IVA plus AJD — roughly 12% in property taxes, not ITP. On a 3-bed villa at Omala Residences at, say, €335,300, that's about €33,530 IVA and ~€5,030 AJD, before notary, registry and legal fees (a further 1–2%). No hypothetical 100% anywhere in it.

What should you check now?

  • Confirm the status yourself. Check a Spanish law firm or idealista's legal section for anything dated 2026. A real bill would be reported with a draft and a date — not just a soundbite.
  • Know your residency position. Whether you'll be tax-resident in Spain changes everything. It's the first question a good lawyer asks.
  • Budget the taxes that are real. For a new-build, plan for 10% IVA + ~1.5% AJD plus fees.
  • Lock your currency early. A swing in GBP/EUR can move your price more than most tax tweaks.

This is where MedSol earns its keep — we introduce you to independent Spanish property lawyers and regulated currency specialists, so the facts you work from are current and your own, not secondhand from a headline.

FAQ

Is the 100% foreign-buyer tax law in Spain now?

No. As of August 2026 it remains a stalled proposal that has never been voted into law.

I'm a UK buyer — am I hit by it?

Not today, because the tax doesn't exist. If it ever passed unchanged, it would target non-EU non-residents, which includes UK buyers who aren't Spanish tax residents. Becoming resident changes that.

What taxes do I actually pay on a new-build in Murcia?

10% IVA (VAT) plus roughly 1.5% AJD (stamp duty), plus notary, registry and legal fees of about 1–2%.

Does it apply if I'm moving to Spain?

Generally no — the proposal targeted non-residents.

Could the proposal still come back?

Possibly — politics shifts. But it currently has no majority and was dropped from the 2026 housing package. We'll update this piece if that changes.

Article dated 4 August 2026. Tax proposals and rates change — confirm current status with a Spanish lawyer before you buy.

This article is general information, not legal or financial advice. Confirm your own position with a qualified Spanish lawyer or tax adviser before you act.
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Written by

Lee Doherty

Lee Doherty is the founder of MedSol Real Estate, working on the ground in the Region of Murcia to help UK and international buyers find homes in Murcia.

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