Immobilien Marbella: koopgids voor Duitse kopers aan de Costa del Sol

Germany and Spain have a comprehensive Double Taxation Agreement (Doppelbesteuerungsabkommen, DBA) that allocates taxing rights on property income. Spain has primary taxing rights on income from Spanish immovable property, including deemed rental income, actual rental income, and capital gains on sale. Germany taxes your worldwide income but gives you a credit (Anrechnung) for Spanish taxes paid on the same income. In practice, this means you pay Spanish taxes first, then deduct them from your German Einkommensteuer liability.

The DBA covers four categories of property-related income: deemed rental income (Spain taxes at 19% for EU nationals on 1.1% of catastral value; Germany credits this against your Einkommensteuer), actual rental income (Spain taxes at 19% on net rental for EU nationals; Germany includes the income in your worldwide Einkommen but credits the Spanish tax), capital gains on sale (Spain taxes at 19–28%; Germany credits the Spanish tax under the Anrechnungsmethode), and wealth tax (Spain charges 0.2–2.5% above €700K; Germany has no federal wealth tax, so no credit is available, but the Spanish tax is deductible as an expense).

As a German tax resident owning foreign property, you must declare the Spanish property in your annual Einkommensteuererklärung. This includes: the property’s value, any rental income or deemed rental income, and capital gains on sale. The property itself is declared in Anlage V (Einkünfte aus Vermietung und Verpachtung) for rental properties, or Anlage SO for capital gains. Your Steuerberater should prepare the Spanish tax returns (Modelo 210) and the German returns in coordination to ensure the credits are properly applied.

A common mistake German buyers make is failing to declare the Spanish property at all, assuming that Spanish taxes are sufficient. The Finanzamt requires worldwide income disclosure regardless of whether a DBA exists. Non-disclosure is a Steuerhinterziehung (tax evasion) offence. Since the introduction of the Common Reporting Standard (CRS) in 2017, Spanish banks automatically report German-held accounts to the Bundeszentralamt für Steuern, making non-disclosure practically impossible to maintain.

Puerto Banús, or “Porta Benus” as it appears in 2,900 German Google searches per month, has been the epicentre of the German-speaking community on the Costa del Sol since the 1980s. The marina’s blend of luxury shopping, yacht culture, and international dining created a draw for German buyers that persists today. German-owned businesses, German-speaking estate agents, and German restaurants are concentrated around the marina and the neighbouring residential blocks.

Beyond Puerto Banús, German buyers are well-represented in the New Golden Mile (Estepona’s new developments attract value-conscious German investors), Sierra Blanca (prestige address for high-net-worth buyers), and Elviria in East Marbella (quieter residential area with German school proximity). The typical German buyer on the Costa del Sol in 2026 is purchasing in the €500K–3M range, often as a second home with rental income potential, and values build quality, energy efficiency, and legal certainty above all else.

German banks can theoretically finance Spanish property purchases through a Grundschuld (land charge) on an existing German property, releasing equity to buy in Spain with cash. This is the simplest route for buyers who own German property outright or with substantial equity. Your local Sparkasse or Volksbank can arrange this, and the interest rate will reflect German market conditions (typically lower than Spanish rates).

Alternatively, a Spanish mortgage is available at 3.5–5% fixed for non-residents, with 60–70% LTV. Spanish banks are accustomed to German clients and accept Einkommensteuerbescheide (tax assessments), Gehaltsabrechnungen (salary slips), and Bilanzen (company accounts) as proof of income. Approval takes 4–6 weeks. The choice between routes depends on your existing German property equity, your appetite for Spanish bank bureaucracy, and whether you want euro-denominated debt (which a Spanish mortgage provides automatically).

Spanish succession law includes forced heirship (legítima), which reserves a portion of the estate for children and the surviving spouse. This conflicts with German Erbrecht, which also includes Pflichtteil (compulsory share) provisions but with different percentages and mechanics. Since August 2015, EU Regulation 650/2012 allows foreign nationals to elect their home country’s inheritance law to govern their estate. German buyers should include a Rechtswahl clause in their Spanish will explicitly electing German law.

On the tax side, both Spain and Germany may claim Erbschaftsteuer on a Spanish property inherited by German tax residents. The Spanish regional rates (Andalucía offers up to 99% reduction for direct-line heirs on inheritances up to €1M) can be credited against German Erbschaftsteuer under the DBA. Professional planning with a lawyer or Steuerberater experienced in both jurisdictions is essential: the interaction between Spanish forced heirship, German Pflichtteil, and both countries’ Erbschaftsteuer rates can produce unexpected outcomes without careful structuring.

Apply for your NIE through the Spanish Consulate in your nearest German city (Berlin, Frankfurt, Munich, Düsseldorf, Hamburg, Stuttgart all have consulates). Processing takes 2–6 weeks. Engage a German-speaking or English-speaking Spanish property lawyer, several firms on the Costa del Sol have native German lawyers on staff. Open a Spanish bank account (CaixaBank and Santander both have German-speaking advisors in Marbella). If financing, start mortgage pre-approval with 2–3 Spanish banks while your NIE processes.

Lufthansa, Eurowings, and Ryanair operate direct flights from multiple German airports to Málaga, with flight times of 2.5–3 hours. Budget for 2–3 trips: a focused viewing trip (3–5 days), potentially a second viewing or area-exploration trip, and the notary completion. Many German buyers in the upper price brackets also visit during different seasons to verify that the property and area meet their expectations year-round.