Spain's proposed 100% tax on non-EU property buyers: what it actually says, and where it stands
If you are a British, American, Swiss or Norwegian buyer eyeing a place on the Spanish coast, you have probably seen the headline: "Spain to tax non-EU buyers up to 100%." It is real, it is on paper, and it is — as of early 2026 — stalled. Here is the calm, sourced version, with no scaremongering and no sales angle. This is informational analysis, not legal or tax advice.
What the bill actually proposes
In May 2025 the Spanish governing party (PSOE) registered a draft bill in Congress (parliamentary reference BOCG-15-B-229-1, 22 May 2025). The headline measure is a state levy of up to 100% on the purchase, aimed specifically at:
- Non-residents who are nationals of non-EU / non-EEA countries, and
- purchases of second-hand (resale) homes.
Two things are routinely lost in the headlines:
- New-build property appears to be excluded as drafted — the measure targets the resale market.
- The "100%" is structured as a surcharge tied to the taxable base, not a doubling of the sticker price in every interpretation. The exact mechanics would only be fixed if it ever became law.
Who would be affected
The decisive line is non-EU. After Brexit, UK nationals are non-EU — and the UK is consistently the single largest foreign buyer group on the Spanish coast (8,000 purchases in 2024, Colegio de Registradores). US buyers (1,550 in 2024), Swiss and Norwegian buyers would also fall inside the scope. EU buyers — Germans, Dutch, Belgians, French — would not be affected.
Where it actually stands (as of March 2026)
This is the part the headlines skip. A year after it was announced, the bill had still not been debated. Reuters reported on 27 March 2026 that the plan "has stalled due to difficulties in gaining the needed support from political minorities… Despite the headlines the bill generated when it was announced a year ago, it still had not been debated by March 2026… With elections slated for August 2027 at the latest, the government now risks running out of road."
In plain terms: the parliamentary arithmetic isn't there, and with a general election due by August 2027, there is a real chance the proposal dies with the legislature before ever being voted on. That is not a guarantee — it is a "watch this space," not a "panic now."
If you are buying anyway
Two structurally obvious paths reduce exposure if the measure ever passed (neither is advice — confirm with a licensed Spanish abogado and an independent tax advisor):
- New-build purchases appear outside the scope as drafted.
- Establishing residency before purchasing changes your status from non-resident.
How LORS treats this
We track this monthly and we will say plainly when the status changes. We don't sell property and we take no commission from anyone, so we have no incentive to inflate or downplay it. The honest summary today: a live political risk that is currently going nowhere. Worth knowing, not worth abandoning a good purchase over.
This article is editorial information with cited sources, current as of March 2026. It is not legal, tax, financial or investment advice. Property taxation is complex and changes; always consult a licensed Spanish lawyer (abogado) and an independent tax advisor before any purchase. Sources: Congreso de los Diputados (BOCG-15-B-229-1); Reuters, 27 March 2026; Colegio de Registradores, 2024.