Countries › Costa Rica › Guide › 11. Real estate and land › Selling property in Costa Rica: 15% capital gains tax, 2.25% option and 2.5% withholding on non residents

Selling property in Costa Rica: 15% capital gains tax, 2.25% option and 2.5% withholding on non residents

Argentina. For full detail on Argentina, go to The Argentine Thread.

Last verified: 2026-10-30 · Status: Stable

Gains on real estate sold by individuals and entities outside a business activity are taxed at 15% of the gain, with acquisition cost indexed for inflation. For property acquired before 1 July 2019, the seller may instead pay 2.25% of the sale price on the first sale, and the sale of one's habitual home is exempt. When the seller is non domiciled the buyer must withhold 2.5% of the price or the Registro will not record the transfer.

USD figures use the Banco Central de Costa Rica reference selling rate of ₡454.82 per US dollar published for 29 October 2026 (indicator 318 on bccr.fi.cr), rounded to the cent.

Key facts

Capital gains tax on real estate (non business)	15 %Ley 7092 art. 31 ter, as of 2026-10-30 · in force
Optional tax on sale price for assets held before 1 July 2019 (first sale)	2.25 %Ley 7092 art. 31 ter, as of 2026-10-30 · in force
Buyer withholding on purchase from non domiciled seller	2.5 %Ley 7092 art. 28 ter, as of 2026-10-30 · in force
Gain on habitual home exempt	Yes textLey 7092 art. 28 bis(7), as of 2026-10-30 · in force

The rule

1. The gain is sale value less acquisition value; acquisition value includes price, improvements and acquisition taxes and costs (not financing interest) and is updated by CPI; the sale value cannot be below the ONT zone and construction type values unless proven otherwise.Ley 7092, Ley del Impuesto sobre la Renta, art. 30 and 30 bis, 2018-12-03 official text · verified 2026-10-30

2. The rate is 15% of the gain; for assets acquired before the capital chapter took effect (1 July 2019) the seller may instead pay 2.25% of the sale price on the first sale.
Example: Bought for ₡100,000,000 in 2021, sold for ₡160,000,000: about ₡9,000,000 before indexation. Bought in 2015 and sold for ₡160,000,000 under the option: ₡3,600,000. / About US$19,788.05 or US$7,915.22.Ley 7092, Ley del Impuesto sobre la Renta, art. 31 ter, 2018-12-03 official text · verified 2026-10-30

3. Gains on the transfer of the taxpayer's habitual home are exempt, including a home held by a company that is clearly used as the owners' habitual home.Ley 7092, Ley del Impuesto sobre la Renta, art. 28 bis(7), 2018-12-03 official text · verified 2026-10-30

4. When the seller is non domiciled, the buyer must withhold and pay 2.5% of the total price on account of the gain tax; if not paid, the Registro Nacional cannot register the transfer. Contributions of real estate to Costa Rican companies are excluded.
Example: ₡160,000,000 sale by a non resident: ₡4,000,000 withheld. / About US$8,794.69.Ley 7092, Ley del Impuesto sobre la Renta, art. 28 ter, 2018-12-03 official text · verified 2026-10-30

5. Gains without final withholding are declared and paid within the first 15 calendar days of the month after the sale.Ley 7092, Ley del Impuesto sobre la Renta, art. 28 quáter, 2018-12-03 official text · verified 2026-10-30

6. The seller also bears half of the 1.5% transfer tax unless agreed otherwise.Ley 6999, Impuesto sobre Traspasos de Bienes Inmuebles, art. 6 and 8, 1985-09-03 official text · verified 2026-10-30

Worked example

A non resident sells a rental condo for ₡160,000,000 (about US$351,787.52) that they bought in 2021 for ₡100,000,000. The buyer withholds ₡4,000,000 (2.5%) at closing so the deed can be registered. The seller then computes the 15% tax on the CPI indexed gain, about ₡9,000,000 before indexation, credits the ₡4,000,000 and pays the balance by the 15th of the next month. Costa Rica has no income tax treaty with Argentina, so an Argentine seller relies on home country foreign tax credit rules.

Step by step

Assemble purchase deed, improvement invoices and acquisition costs for the cost base.
Check whether the property was held before 1 July 2019 and compare 15% of the gain with 2.25% of the price.
For non resident sellers, the buyer withholds 2.5% and the notary checks payment before presentation.
File the gain return by the 15th of the month after the sale.

Common traps

The 2.25% option is only for the first sale after the regime started.
Sale value below the ONT reference values is replaced by those values unless you prove otherwise.
Missing the 2.5% withholding blocks registration of the buyer's title.
Business owned property is taxed under the corporate income tax instead.

Sources

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