The 2026 municipal capital gains tax increase is no longer in effect: how to claim back what you overpaid
The start of 2026 brought us a fiscal "fright" that, fortunately, lasted only a short time. If you sold a property in recent weeks, it is very likely that you have heard about (or felt in your pocket) the temporary increase in the Municipal Capital Gains tax coefficients.
We have good news: as of January 27, 2026, this measure is no longer in force.
Congress did not validate the Royal Decree-Law that increased the tax burden, which means we return to the previous tables. But, what if you sold your home and settled the tax during the weeks the rule was active? At Altiora, we explain step by step how to request the refund of undue payments.
The context: a 30-day fiscal "limbo"
Between late December 2025 and January 27, 2026, a transitional regulation was in force that raised the maximum coefficients applicable to the Tax on the Increase in Value of Urban Land (IIVTNU), commonly known as the Municipal Capital Gains tax.
Many municipalities immediately applied these new maximums, significantly increasing the tax bill for sellers during this period. Since the measure was not validated on the 27th, the increase is considered null, creating the right to claim the difference.
Who can claim?
You have the right to request correction and refund of the difference if you meet these two requirements:
Date of accrual: The sale of your property (signing of the public deed) took place between late December 2025 and January 27, 2026.
Settlement made: You have already filed the tax self-assessment paying with the "inflated" 2026 coefficients, or the Municipality notified you of a settlement with those amounts.
Steps to claim the overpaid amount
If you fall within those dates, don’t consider the money lost. The administrative procedure is as follows:
1. If you filed a Self-Assessment (the most common case)
If you (or your management firm) calculated and paid the tax, you must submit a written Request for Correction of Self-Assessment and Refund of Undue Payments to the relevant Municipality.
Argument: You must allege that, after the Decree was not validated, the applicable coefficients are the previous (cheaper) ones and request that they refund the difference between what was paid and what actually corresponded.
Deadline: You have 4 years to do this, but we recommend doing it as soon as possible.
2. If you received a Municipality Settlement
If the Municipality sent you the pre-calculated payment notice:
You must file a Recurso de Reposición (administrative appeal for reconsideration) within a maximum period of one month from the date you received the notification.
Attention! If you miss the one-month deadline, the settlement will become final and you will lose the right to claim.
A stable scenario for the rest of 2026
The annulment of this measure restores stability to the real estate market. For owners thinking of selling now, it’s an excellent moment: the fiscal uncertainty has dissipated and we return to a scenario of known and lower transaction costs.
At Altiora, we not only help you find the ideal buyer; we accompany you through the entire legal and tax process so you don’t pay a euro more than necessary.
Thinking of selling after this news?
Now that taxation is favorable again, it’s time to know how much your property is worth in the real 2026 market.
Request a Free Valuation and Tax Advice
Discover all our properties and services at www.altiorahs.com.