Did you know that the municipal capital gains tax on property sales can reach up to 30% of the land's cadastral value?
However, calculating municipal capital gains tax isn't as simple as it might seem. This tax is determined by considering various factors, such as how long you've owned the property (up to a maximum of 20 years) and the cadastral value of the land, not the selling price of the property.
Additionally, you have only 30 days after the sale to make the payment, and failing to do so can result in penalties. For example, in inheritance cases, the deadline extends to six months from the property owner's death.
The good news is that if you sell your property for less than what you paid, you might be exempt from this tax. In this article, we'll explain step by step how to calculate municipal capital gains tax correctly and avoid unpleasant surprises during the selling process.
The Tax on the Increase in Value of Urban Land (IIVTNU), commonly known as municipal capital gains tax, is a levy that taxes the increase in the value of urban land when property ownership is transferred.
This tax specifically applies to the value of the land, regardless of whether there is a building on it. For example, when selling an apartment, the tax considers only the value of the land, not the construction itself.
Municipal capital gains tax is triggered in different transfer situations:
Additionally, the tax has specific characteristics that define it as:
The deadlines for paying capital gains tax vary according to the type of transfer:
For inter vivos transfers (sales and donations):
For mortis causa transfers (inheritances):
Failure to meet these deadlines can result in significant surcharges:
It is essential to note that the tax expires after four years, counted from the end of the deadline for submitting the voluntary self-assessment. Likewise, the payment must be made at the city council where the property is located, although some municipalities allow electronic management.
To correctly calculate municipal capital gains tax, we need to gather several essential documents. These documents will allow us to determine the tax amount precisely.
The cadastral value of the land is fundamental for calculating capital gains. We can obtain it through:
It is important to highlight that capital gains are calculated only on the value of the land, not on the construction. Therefore, when we transfer a property that includes land and building, we will consider the proportion that the cadastral value of the land represents with respect to the total cadastral value.
The original purchase deed is a crucial document because:
Additionally, in cases of lucrative transfers (inheritances or donations), we will need documentation that reflects the value declared in the Inheritance and Gift Tax.
The city council where the property is located provides essential documentation:
To obtain these documents, we can:
City councils also have estimative calculators that allow knowing if there is an increase in land value before making the self-assessment. This tool is especially useful for determining the most favorable tax base according to our specific circumstances.
Since 2025, the calculation of municipal capital gains offers two different methods to determine the tax base. Let's analyze step by step how to perform this calculation accurately.
The first step is to identify the cadastral value of the land, which appears broken down in the IBI receipt. This value is fundamental because:
Next, we calculate the period that has elapsed between the acquisition and sale of the property. This calculation has a maximum limit of 20 years, even if the actual time of ownership is longer.
For 2025, the maximum established coefficients are:
There are two methods to determine the tax base:
Objective method:
Real method:
City councils can reduce the cadastral values of the land by up to 15% according to their degree of update. Additionally, since November 2022, taxpayers can perform self-assessment by both systems through the virtual tax office.
It is important to note that we can always choose the method that is most beneficial for our particular case. For example, if the real capital gain is lower than the one calculated by the objective method, we can choose to declare the real one.
Spanish legislation contemplates various special cases where municipal capital gains tax may have different treatment. Let's analyze the most relevant situations that could affect the payment of this tax.
The Supreme Court has established a significant precedent by declaring that capital gains liquidations are null when it is demonstrated that the sale was made at a loss. Furthermore, this decision allows requesting the return of what was paid in firm liquidations, even from previous years, as long as the loss in the transfer can be accredited.
To demonstrate the non-existence of an increase in value:
In transfers by inheritance, there are specific considerations:
For donations, the donee has 30 business days to settle the tax. In both cases, it is essential to demonstrate whether or not there has been an increase in value since the last transfer.
The exemption for primary residence applies in specific situations:
Likewise, there is a special exemption when:
If the reinvestment is partial, the exemption will apply proportionally to the amount reinvested. Similarly, transfers between spouses due to separation or divorce are exempt when they are made in compliance with court judgments.
Municipal capital gains tax represents a crucial aspect during the sale of any urban property. Certainly, the calculation process may seem complex, but by following the steps detailed above, you can determine the corresponding amount precisely.
It is essential to remember that since 2025 we have two different methods for calculating the tax base. Therefore, it is essential to analyze which one is more beneficial for our particular situation. In addition, exemptions and special cases can mean considerable savings if applied correctly.
Undoubtedly, success in managing this tax lies in the proper preparation of the necessary documentation and compliance with established deadlines. Thus, keeping all required documents organized and knowing the payment periods will help us avoid unnecessary surcharges.
Finally, in case of any doubt about calculating municipal capital gains tax, it is always advisable to consult with specialized professionals or go directly to the corresponding city council. The correct management of this tax will allow us to make a property transfer without setbacks or unpleasant surprises.
How is the tax base determined to calculate municipal capital gains tax? There are two methods to calculate the tax base: the objective method, which multiplies the cadastral value of the land by an established coefficient, and the real method, which considers the difference between the sale and purchase value. The taxpayer can choose the method that is most beneficial.
What is the deadline to pay municipal capital gains tax after selling a property? The deadline to pay municipal capital gains tax is 30 business days from the date of transfer in case of sales and donations. For inheritances, the deadline extends to 6 months from the date of death, with the possibility of extension for another 6 additional months.
Are there exemptions from paying municipal capital gains tax? Yes, there are exemptions in specific cases. For example, people over 65 years old who sell their primary residence, transfers by deed in lieu of foreclosure of the primary residence, and mortgage foreclosures of the main residence are exempt from paying capital gains tax.
What documents are necessary to calculate municipal capital gains tax? The essential documents include the most recent Property Tax (IBI) receipt to obtain the cadastral value of the land, the original purchase deed that proves the date of acquisition, and city council certificates on applicable coefficients and tax rates.
Should capital gains tax be paid if a property is sold at a loss? No, if it can be demonstrated that the sale was made at a loss, municipal capital gains tax should not be paid. The Supreme Court has established that capital gains liquidations are null when it is demonstrated that the sale was made without an increase in value. It is necessary to submit a self-assessment indicating "not subject" and provide documentation that supports the loss of value.