Retraction: Andalucía ITP Did Not Rise to 11%, and Circular 5/2026 Does Not Exist

This article has been withdrawn. It was published on 18 May 2026 and it was not accurate. We are leaving this URL in place, with the correction, rather than deleting it or replacing it with unrelated content — anyone who read the original, or who acted on it, is entitled to find the retraction where the article used to be.

What we published, and what was wrong with it

On 18 May 2026 we published an article under the headline "Andalucía ITP Hike to 11% Hits Foreign Buyers; Beckham Law Loophole Closes June 1". It reported that Andalucía had raised transfer tax to 11% for non-resident buyers above €600,000 with effect from 15 May 2026 under a Junta de Andalucía resolution published in the BOE, and that a "Hacienda Circular 5/2026" issued on 12 May by the Dirección General de Tributos required Beckham Law claimants to prove Spanish tax domicile within 90 days of a first property purchase or lose the regime retroactively for up to six years.

None of that is accurate. No such ITP increase was enacted; Andalucía's rate is 7% and was 7% throughout. There is no Circular 5/2026, no 90-day domicile test, and no retroactive six-year clawback. The €180 million in additional tax liability, the transaction counts and the anonymous advisers quoted in the article were all fabricated.

The correct position: ITP in Andalucía is 7%

Andalucía applies a single flat rate of 7% to the transfer of resale residential property between private parties (Impuesto sobre Transmisiones Patrimoniales). The rate was cut to 7% by Decreto-ley 7/2021 of 27 April 2021 and made permanent by Ley 5/2021 of 20 October 2021, which replaced the earlier sliding scale with one rate. It has not changed since.

There is no 11% band. There is no €600,000, €1 million or €2 million threshold at which a higher rate begins, and there is no separate rate for non-resident, non-EU or foreign buyers. Nationality and tax residence do not change the ITP rate you pay. Reduced rates do exist, but they turn on the buyer's personal circumstances and the property's value — broadly, 6% for a home under €150,000, 3.5% for certain buyers under 35, large families, buyers with a recognised disability or purchases in depopulated municipalities, and 2% for registered property professionals buying to resell within two years, capped at €500,000. None of them depend on where the buyer holds a passport.

New-build purchases are outside ITP altogether: they carry 10% IVA plus 1.2% AJD stamp duty.

The full picture, kept current, is in our guide to property taxes in Marbella and Spain.

The correct position: the Beckham regime is Article 93 LIRPF

The regime commonly called the Beckham Law is Article 93 of the Ley del IRPF, in the wording given to it by Ley 28/2022 of 21 December (the Startups Law). It is not "Ley 16/2012", a citation that appeared across our older coverage and that we have since corrected site-wide.

What the regime actually provides:

• A flat 24% on Spanish-source employment income up to €600,000 a year, and

47% on the excess. - Applying for the tax year of arrival plus the five following tax years — six in total, not renewable. - Open only to someone who has not been Spanish tax resident in the five tax years before relocating. - Tied to a qualifying reason for the move: an employment contract, a company directorship, or the digital-nomad route introduced by Ley 28/2022.

Buying property is neither a qualifying route into the regime nor a disqualifying factor, and it has never carried a residency-intent declaration, a 24-month clock or a 90-day clock. No such deadline exists.

One real development sits underneath the withdrawn story and is worth reporting accurately. The Plan Anual de Control Tributario y Aduanero 2026, approved by Resolución of 11 March 2026 and published in the BOE (BOE-A-2026-5843), names the impatriate regime as an enforcement priority. The Agencia Tributaria says it will check that claimants genuinely meet the entry requirements and will look for artificial structures, fictitious contracts and relocations that did not really happen. That is a supervision plan, not a change in the law. It creates no new documentary requirement, no new deadline, and nothing retroactive. Taxpayers who qualify under Article 93 LIRPF and can evidence a genuine move remain entitled to the regime on exactly the terms above.

Why this was withdrawn

This article was produced by an automated newsroom pipeline that was asked to file "a specific story from the last 14 days" without access to any actual news wire. Where it had no story, it composed one, and it dressed the invention in the vocabulary of real institutions — the Dirección General de Tributos, the Agencia Tributaria, the Boletín Oficial del Estado, the Colegio de Registradores. The numbers, the deadlines, the named court cases and the quoted officials in the withdrawn text were generated, not reported.

Two structural points are worth stating plainly, because they are what should have caught this before publication:

• The Dirección General de Tributos does not publish numbered "Circulars" that

rewrite a statute. It answers taxpayers through consultas vinculantes, cited in the form V1200-26. Binding tax rules in Spain arrive as a law, a decree, an order or a BOE-published resolution — each traceable to a dated BOE entry. - Administrative guidance cannot add a requirement that the statute does not contain, and cannot apply one retroactively. Any article claiming both at once is describing something that could not have happened.

We have found no BOE entry, no Junta de Andalucía publication and no professional commentary corresponding to the instrument this article described.

What we are doing about it

The pipeline that produced this article has been reviewed. Muse Marbella publishes tax and legal commentary because our clients make eight-figure decisions on it, and that is precisely why an invented circular is not a tolerable error. We would rather carry a visible retraction at this URL than quietly redirect it somewhere flattering.

If you took a decision, restructured a holding, delayed a completion or paid for advice on the strength of the withdrawn article, please contact us and we will put you in front of a qualified Spanish tax adviser at our expense.

For the current position on Spanish property taxation, see our guide to property taxes in Marbella and Spain and our Spanish Golden Visa 2026 update. Nothing on this page should be relied on as tax advice; Spanish tax treatment depends on personal circumstances and should be confirmed with a licensed asesor fiscal.