Buying property in Spain as a US citizen: mortgage and tax guide

The FATCA factor: why some banks say no

FATCA (Foreign Account Tax Compliance Act) requires foreign banks to report accounts held by US citizens to the IRS. This creates a compliance burden for Spanish banks, and some simply prefer not to deal with American clients rather than invest in the reporting infrastructure.

All Spanish banks report under FATCA, but some decline US persons. Ask each bank whether it accepts US clients before you send your documents.

Working with a mortgage broker who has experience with American clients saves significant time, as they know which banks are US-friendly and can submit your application directly to the right departments.

IRS reporting obligations you must know

As a US citizen, you must report worldwide income to the IRS regardless of where you live. This includes rental income from a Spanish property and capital gains when you sell. Key obligations:

• •FBAR (FinCEN Form 114): Required if the combined value of your foreign accounts exceeds $10,000 at any point during the year. Filed electronically by April 15, with an automatic extension to October 15.
• •Form 8938 (FATCA): For a single filer living in the US, required if foreign financial assets exceed $50,000 at year-end or $75,000 at any time ($100,000 and $150,000 for joint filers); living outside the US, $200,000 and $300,000 ($400,000 and $600,000 joint). Filed with your tax return.
• •Rental income: Report on Schedule E. You can deduct Spanish taxes paid via Foreign Tax Credit (Form 1116) to avoid double taxation.
• •Capital gains: When you sell, report on Schedule D. The US-Spain tax treaty generally allows credit for Spanish capital gains tax paid.

The Spanish mortgage process for Americans

The core process is the same as for any non-resident, but with extra documentation requirements:

• •NIE: Apply at the Spanish consulate in your city (New York, Los Angeles, Miami, Chicago, Houston, etc.)
• •Federal tax returns: Last 2 years (Form 1040 with all schedules)
• •W-2s or 1099s: Proof of income sources
• •US credit report: From one of the three bureaus, translated into Spanish
• •Bank statements: 6 months, showing deposit funds and regular income
• •ITIN or SSN: The bank needs your US tax identification number for FATCA reporting

USD/EUR currency considerations

Your mortgage is in euros but your income is in dollars, so every move in the exchange rate changes what you really pay. A 10% move on a €1,500/month mortgage payment is the difference between, say, $1,650 and $1,815 per month.

Strategies to manage this: compare your US bank's exchange rate and fees with those of a currency specialist; consider setting up a euro-denominated account to hold funds when the rate is favourable; and if your income is stable, a forward contract can fix a rate for a future date.

Financing terms for US buyers

US citizens typically receive the same terms as other non-EU non-residents: