Trusted by US and international buyers for over 20 years.

Buying Property in Spain as a US Citizen — Complete Legal & Tax Guide

Navigating two legal systems, two tax regimes, and a purchase process nothing like closing in the US. We protect American buyers through every stage of their Spanish property transaction.

  • Speak directly with a Senior Lawyer
  • Real Estate Experts for over 20 Years
  • True Partner-Level Attention — Strategic, Responsive, and fully Personalized
Contact one of our Senior Lawyers

Common Mistakes US Buyers Make When Purchasing Property in Spain

FATCA & FBAR

FATCA & FBAR

NIE Delays

NIE Delays

Hidden Costs

Hidden Costs

Remote Purchase Risks

Remote Purchase Risks

Double Taxation

Double Taxation

No NIE, No Purchase

Buying Property in Spain as a US Citizen Is Not Like Closing on a Home in the States

You are navigating a different legal system, a different language, and tax obligations in two countries simultaneously. The Spanish notary does not protect you. The seller’s agent works for the seller. And property defects — illegal constructions, undisclosed debts, planning violations — transfer to you the moment you sign. At Paton & Mayr, we act exclusively on your behalf, in English, from the first due diligence check to post-completion registration.

How to Buy Property in Spain as a US Citizen

Eight steps that protect your investment from the first search to post-completion registration.

Get Your NIE Number

Spain's tax ID for foreigners. Required before any transaction. Apply at a Spanish consulate in the US — allow 4–8 weeks — or your lawyer applies on your behalf.

Open a Spanish Bank Account

Required for paying taxes and ongoing property costs. Non-resident accounts open with passport, NIE, and proof of address.

Hire a Real Estate Lawyer

The notary is neutral — they don't protect you. Your lawyer conducts due diligence, reviews contracts, and represents your interests from start to finish.

Why US Buyers Choose Paton & Mayr

We understand both the Spanish legal process and your obligations as a US citizen abroad.

US Tax Knowledge

We advise on FATCA, FBAR, the US-Spain Tax Treaty, and the IRS implications of owning property in Spain. Most Spanish law firms don't.

Remote Purchase Experience

We complete purchases via Power of Attorney for US clients regularly. No travel required — same legal protection, same timeline.

English First

All communication in English. No translation risk, no miscommunication, no surprises.

Senior-Led Always

Your file is handled by a senior attorney from day one. Never passed to a junior.

Client Testimonials

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What can we help you with?

Real Estate Legal Assistance Due Diligence, Contracts, Purchase Completion
Tax & Fiscal Guidance for Property Investors NIE, Taxes, Fiscal Residency, Investment Structure
Property Disputes or Purchase Representation Legal Representation, Disputes, Contract Issues
Luxury Real Estate Legal Advisory Strategic Valuation, Tax Efficiency, Legal Structuring & Bureaucracy

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One of our senior lawyers will contact you within 1 business day to confirm your consultation.

FAQ

Can Americans buy property in Spain?

Yes, without restriction. US citizens can purchase any type of property in Spain. You need a NIE and a Spanish bank account. No visa or residency permit is required..

Not legally required, but practically essential. The Spanish notary does not act in your interest. An independent lawyer conducts due diligence, reviews contracts, and represents you throughout.

Resale: ITP (6-10%). New build: IVA 10% + Stamp Duty 0.5-1.5%. Total acquisition costs including legal, notary, and registry fees typically run 10-13% for resale and 12-15% for new builds.

Property held in your name is generally not reportable. However, your Spanish bank account may trigger FBAR reporting if it exceeds $10,000. If the property is held through a foreign entity, FATCA reporting may apply.

The NIE is Spain’s tax identification number for foreigners, required for all property transactions. Apply at a Spanish consulate in the US — allow 4-8 weeks. Your lawyer can also apply on your behalf.

Yes. Through a notarised Power of Attorney, your lawyer signs all documents on your behalf. Standard practice for US buyers. The timeline is the same as an in-person purchase.

ITP (6-10%) is transfer tax on resale properties. IVA (10%) applies to new builds from developers, plus Stamp Duty (AJD) at 0.5-1.5%.

Resale: 4-12 weeks. New builds: 12-24 months. Factor in NIE processing time if applying from the US (4-8 weeks at a Spanish consulate).