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Tax23 April 20266 min

Municipal Capital Gains in 2026: How to Optimise IIVTNU When Selling a Costa del Sol Property

By Nexa Prime Homes Editorial Team · Editorial Team
Luxury villa with empty interior and golden light filtering through windows, illustrating the wealth moment between two owners

The Spanish Tax on Increase in Value of Urban Land (IIVTNU), popularly known as municipal capital gains, remains one of the least understood taxes by foreign buyers and sellers on the Costa del Sol. After Constitutional Court ruling 182/2021 declared the previous calculation methods unconstitutional, the current regime allows choosing the more favourable method between two systems. Knowing how to choose can save between €4,000 and €30,000 in a high-end villa operation.

The two calculation methods after 2021

The first method —objective— calculates the tax base by applying a coefficient to the cadastral value of the land based on years of ownership. Coefficients are updated annually by Royal Decree-Law 26/2021 (revised in the 2026 Budget Law). For a 10-year holding in Marbella, the current coefficient is 0.14: if cadastral land value is €200,000, the objective tax base would be €28,000.

The second method —real— calculates the effective capital gain: difference between sale value and acquisition value, multiplied by the cadastral percentage attributable to land (not construction). If a property bought for €1.1M is sold at €1.4M with 30% cadastral land portion, the real tax base is (1,400,000 − 1,100,000) × 0.30 = €90,000.

The taxpayer can choose the less burdensome method. In moderate appreciation operations, the objective method usually results more favourable. In aggressive appreciations (typical in Marbella 2020-2026), the real method usually saves money. The choice must be documented in the IIVTNU self-assessment within 30 days of signing.

Exemptions and 2026 strategies

Three situations exempt from IIVTNU: absence of real increment (when sale value is below acquisition value), transmission by death between spouses and direct-line descendants (with 95% IIVTNU bonus in most Andalusian municipalities), and intra-group operations in companies under the special regime.

The most effective strategy for large appreciations is planning the sale with specialised tax advice: adjusting sale timing to reduce computable years, evaluating inter-vivos donation to children prior to sale (sum of two smaller bases frequently lower than a single one), or structuring sale through a pre-existing patrimonial company.

Post-STC 182/2021 municipal capital gains tax is one of the few Spanish taxes where the taxpayer chooses the calculation method. Leveraging this freedom is the difference between a well-planned operation and a poorly liquidated one.

References

Sources consulted

  1. Constitutional Court Ruling 182/2021
    Spanish Constitutional Court
  2. Royal Decree-Law 26/2021 — new IIVTNU regime
    Spanish Official Gazette
  3. IIVTNU fiscal ordinance · Marbella Town Hall
    Marbella Town Hall
  4. 2025 Notarial annual report · capital gains and donations
    Spanish Notarial Council
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