Countries › Costa Rica › Guide › 6. Taxes › Capital gains tax in Costa Rica: 15% on gains, 2.25% of price option for older assets, 2.5% buyer withholding when non residents sell real estate

Capital gains tax in Costa Rica: 15% on gains, 2.25% of price option for older assets, 2.5% buyer withholding when non residents sell real estate

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Last verified: 2026-10-29 · Status: Stable

Gains on assets not used in a business, including shares, real estate and fund units, are taxed at 15% under the capital income chapter of Ley 7092; for assets acquired before the chapter took effect, the seller may instead pay 2.25% of the sale price on the first sale. Gains on business assets go into the 30% profits tax, but companies selling shares tied to their activity are exempt on the part matching undistributed profits, and business reorganisations are tax neutral. When a non resident sells Costa Rican real estate, the buyer withholds 2.5% of the price.

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. The salario base for 2026 is ₡462,200 (Circular 246-2025 of the Consejo Superior del Poder Judicial, under Ley 7337 art. 2).

Key facts

Capital gains tax rate	15 %Ley 7092 art. 31 ter, as of 2026-10-29 · in force
Optional tax on sale price for assets held before the chapter	2.25 % of priceLey 7092 art. 31 ter, as of 2026-10-29 · in force
Buyer withholding when a non resident sells real estate	2.5 % of priceLey 7092 art. 28 ter, as of 2026-10-29 · in force
Payment of self assessed gains tax	First 15 calendar days of the following month Ley 7092 art. 31 quáter, as of 2026-10-29 · in force
Capital loss carryforward	3 yearsLey 7092 art. 31 bis(5), as of 2026-10-29 · in force

The rule

1. Capital gains and losses are changes in the value of a taxpayer's assets on any change in their composition, including sales of investment fund units (art. 27 ter(3)). The tax arises when the change occurs, is self assessed and paid within the first fifteen calendar days of the month after the taxable event, by separate return where no withholding applies (art. 31 bis and 31 quáter).Ley 7092, chapter XI added by Ley 9635, art. 27 ter(3), art. 31 bis and art. 31 quáter, 2018-12-03 official text · verified 2026-10-29

2. The rate on capital income and capital gains is 15%; for assets and rights acquired before the chapter took effect, the taxpayer may opt on the first sale to pay 2.25% of the sale price instead (art. 31 ter).
Example: Shares bought for ₡150,000,000 sold for ₡200,000,000: 15% of the ₡50,000,000 gain is ₡7,500,000; under the option for older assets, 2.25% of the price is ₡4,500,000. / US$16,490.04 or US$9,894.02.Ley 7092, art. 31 ter, 2018-12-03 official text · verified 2026-10-29

3. For unlisted shares, the sale value cannot be less than the higher of book equity in the last closed balance sheet and the average result of the last three periods capitalised at 20%, unless the parties prove an arm's length price (art. 31(1)(b)).Ley 7092, art. 31(1)(b), 2018-12-03 official text · verified 2026-10-29

4. Gains on assets used in a business or arising from habitual activity are taxed under the profits tax; gains of companies with a lucrative activity from selling shares tied to that activity are exempt in the part corresponding to undistributed profits (art. 6(d)). Gains in business reorganisations such as share or asset contributions, mergers and spin offs are treated as unrealised (art. 27 quáter).Ley 7092, art. 6(d) and art. 27 quáter, 2018-12-03 official text · verified 2026-10-29

5. Exempt among others: gains on the taxpayer's habitual home (including through a company used as the owners' home), occasional sales by individuals of movable property not subject to registration other than securities, inheritances and gifts, and gains of pension funds (art. 28 bis).Ley 7092, art. 28 bis, 2024-11-05 official text · verified 2026-10-29

6. When a non resident sells real estate located in Costa Rica, the buyer withholds 2.5% of the total price on account of the gains tax; for other Costa Rican assets the withholding applies if the buyer is an income taxpayer; it does not apply to contributions of real estate to Costa Rican companies, and the Registro Nacional will not record the transfer without it (art. 28 ter).
Example: Price ₡200,000,000: buyer withholds ₡5,000,000. / About US$10,993.36 on US$439,734.40.Ley 7092, art. 28 ter, 2018-12-03 official text · verified 2026-10-29

Worked example

A foreign investor sells a Costa Rican villa for US$439,734.40 (₡200,000,000). The buyer withholds 2.5%, US$10,993.36, before the deed is recorded; the seller then settles the final 15% tax on the actual gain, or the 2.25% option if the villa was acquired before the chapter took effect.

Step by step

Document acquisition cost and improvements before selling.
Decide whether the 2.25% of price option is cheaper for assets held before the chapter.
File and pay within the first 15 calendar days of the month after the sale.
As buyer from a non resident, withhold 2.5% and pay it so the deed can be registered.

Common traps

The minimum value rule for unlisted shares can tax more than the agreed price (art. 31(1)(b)).
Habitual sellers are taxed at 30% under the profits tax, not 15% (art. 6(d)).
Capital losses are only usable against capital gains, within three years (art. 31 bis).

Sources

Related: Costa Rica country profile · live dashboard · central bank and release calendar · our posts on X · where Argentina is involved, see The Argentine Thread guide

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