In short
German nationals are among the most active property buyers in Mallorca and benefit from EU membership in a direct, financial way: a 19% Modelo 210 rate (rather than the 24% paid by non-EU owners) and the ability to deduct rental expenses. The trade-off is a specific German tax complication — the Progressionsvorbehalt — which means your Spanish income, though not taxed in Germany, still affects your overall German tax rate.
Why EU membership matters for your Spanish tax bill
As an EU resident, Germany-based property owners in Spain are taxed under the same rate as Spanish residents for non-resident income tax (IRNR). The applicable Modelo 210 rate is 19%, compared with 24% for non-EU nationals such as British or American owners.
This difference is most significant for owners who rent their property out. EU residents can also deduct allowable expenses — mortgage interest, community fees, insurance, property management, repairs — before applying the 19% rate to net rental income. Non-EU owners pay 24% on gross rental income with no deductions permitted.
Modelo 210: the basics for German owners
Every non-resident who owns property in Spain must file a Modelo 210 each year, covering imputed income — the deemed benefit of owning a Spanish property, whether you rent it out or not.
For a property used only by the owner (not rented), the tax base is typically 1.1% of the cadastral value (valor catastral). This figure appears on your IBI bill. The tax due is 19% of that base. For a property with a valor catastral of €300,000, the annual imputed income tax is approximately €627.
For rental income, you file quarterly (deadlines: 20 April, 20 July, 20 October, 20 January) or annually. Allowable deductions include:
- Mortgage interest (pro-rated to the rental period)
- Community of owners (comunidad) fees
- Insurance premiums
- Repair and maintenance costs
- Property management and gestoría fees
- IBI (local property tax)
- Depreciation (amortización) at 3% of the construction value per year
Keep all receipts for your Spanish property
Expense deductions can significantly reduce your Spanish tax liability. A good gestoría will track these for you, but it helps to forward invoices promptly — particularly for repairs, management fees, and community charges.
The Germany–Spain Double Taxation Agreement
Germany and Spain have a comprehensive Double Taxation Agreement (DTA) in force (Doppelbesteuerungsabkommen, or DBA), which allocates taxing rights between the two countries. Under the DTA:
- Income from Spanish property — both rental income and imputed income — is taxed in Spain. Germany exempts this income from German income tax.
- Capital gains on the sale of Spanish real estate are taxed in Spain.
- Germany retains the right to take the Spanish income into account when calculating the German tax rate on your other income — this is the Progressionsvorbehalt.
Progressionsvorbehalt: the German tax escalator
The Progressionsvorbehalt (progression clause) is the aspect of the DTA that most often catches German owners off-guard. Here is how it works:
Germany uses a progressive income tax system. Your Spanish rental income is exempt from German tax — but it is added to your other German income for the sole purpose of determining which tax rate applies to that German income. In other words, your Spanish income pushes you into a higher tax band on your German earnings.
Example: You have €80,000 of German income and €15,000 of Spanish rental income. The €15,000 is exempt in Germany, but Germany taxes your €80,000 at the rate that would apply to €95,000.
Progressionsvorbehalt applies even to imputed income
It is not just rental income that triggers the progression clause. Imputed Spanish income (from the Modelo 210 non-rental filing) can also be included. Consult a German tax adviser (Steuerberater) who is familiar with Spanish property.
Anlage AUS: declaring Spanish income in Germany
When you file your German Einkommensteuererklärung (income tax return), you declare your Spanish property income on Anlage AUS (Ausländische Einkünfte — foreign income). The key information required:
- Country of source (Spain)
- Type of income (rental income / imputed income)
- Amount of income in euros
- Spanish tax paid (Modelo 210 receipt)
The German Finanzamt uses this information to apply the Progressionsvorbehalt. You will not be double-taxed, but your German effective rate will increase. A Steuerberater familiar with cross-border property can prepare Anlage AUS correctly and ensure no income is reported in the wrong category.
German inheritance tax and Spanish property
Spanish succession law and German Erbschaftsteuer can interact in complex ways. Germany taxes worldwide estates of German residents, including Spanish real estate. Spain taxes Spanish property in the hands of the heir (Impuesto sobre Sucesiones y Donaciones).
- If both the deceased and the heir are German residents, Germany has primary taxing rights on the Spanish property, but Spain also levies its own succession tax.
- A credit is available in Germany for Spanish succession tax paid — preventing full double taxation, though not always full credit.
- The Balearic Islands (including Mallorca) apply their own succession tax rules, which are generally more generous than national rates for direct family members.
Seek advice before gifting or bequeathing Spanish property
Cross-border inheritance involving Spanish property and German heirs requires coordinated advice in both countries. Do not rely on a single adviser who only knows one jurisdiction.
Driving in Spain with a German licence
A German driving licence (Führerschein) is fully valid for driving in Spain as long as you remain an EU resident — there is no time limit, no need for an international driving permit, and no registration requirement. If you were to take up Spanish residency, you would retain your German licence without any exchange requirement under EU mutual recognition rules.
Healthcare: EHIC for visits
German residents are covered by the European Health Insurance Card (EHIC) for medically necessary state healthcare during visits to Spain. The EHIC is issued free of charge through your German Krankenkasse. It does not replace private travel insurance and does not cover repatriation or private hospital treatment.
For longer stays at your Mallorca property, consider a private health insurance policy — particularly relevant if you spend several months each year there and want reliable access to Mallorca's private clinics and international hospitals.
Finding German-speaking professional support in Mallorca
The demand for German-speaking gestorías, lawyers (Rechtsanwälte), and estate agents in Mallorca is substantial — and well-served. German-speaking owners often find it most efficient to work with a local gestoría that can communicate in German, manages Modelo 210 filings, coordinates with a German Steuerberater, and handles day-to-day Spanish bureaucracy on their behalf.
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