Double taxation: the questions a Spanish buyer settles before buying in Serena del Mar

A property in Colombia can carry tax consequences in two countries at once, and neither is settled at the sales office. What follows are not answers: they are the questions a Spanish buyer needs settled before signing, and who to put them to.

We do not state here which countries have a treaty with Colombia, nor what anyone is required to declare, and the reason is practical: those lists and rules get amended, and one wrong assertion would repeat across every page. What can be set out is how the problem is built. There are two tax administrations with their own rules; there are two moments treated differently —holding the property, with its rental income, and selling it, with its ganancia ocasional (the gain taxed on sale)— and there is a personal condition, tax residence, which is not chosen but determined by rules and which changes what is withheld and what is filed. The DIAN is the authority on the Colombian side; the other side needs an accountant in that country; and the Cancillería explains the apostille of the certificates each administration will ask the other for. The seller substitutes for none of those three conversations.

Funds leave in euros and arrive converted, so the figure on the escritura and the figure that left your account do not match. You need to be able to explain that gap, which is why the declaración de cambio and the registration of foreign investment with the Banco de la República are prepared before the transfer and not after it. Sharing the language helps and also misleads: Spanish and Colombian notarial vocabulary do not mean the same thing, and it is worth having someone explain what the certificado de tradición y libertad, the title and encumbrance certificate, actually is here, and what falsa tradición, a defective chain of title, means, because neither has an equivalent at home. The poder for signing from abroad is granted before a Colombian consul in your city or before a notary and apostilled, and the Cancillería confirms which form the Cartagena notaría accepts. Visas and the cédula de extranjería are a question for Migración Colombia. The tax question, for an accountant in each country, is whether a treaty exists between Colombia and your country and what it says about rental income and about ganancia ocasional, since as a Spanish tax resident the property is reported there too.

Serena del Mar runs on rules of its own. The land is developed under a plan parcial, a master plan adopted by District decree, and that decree, not a general reading of the POT, the city land-use plan, is what sets uses, land transfers to the city and development obligations for a given lot. So the document to request here is the adopting decree with its drawings; the land-use certificate that serves in a settled neighborhood is not enough. The second difference is a layer of private government that exists nowhere else: the ciudadela, the master community, has its own statutes, an architectural committee and design rules governing façades, fences and renovations, and those rules follow the property on resale, binding a buyer who never negotiated them. The third is the counterparty: you usually deal with the developer or with a fiduciaria, a trust company, administering the stages, and the unit's registry record descends from a very large parent parcel subdivided in phases, so title is verified upward, to the matriz, the parent record, and to the deeds transferring land to the District. Infrastructure was built by the developer: what matters is whether it has been handed over to the utility or is still privately held.

What is specific to Serena del Mar

What to verify, step by step

1. Ask the DIAN, about your own case, how tax residence is determined, what is reported in Colombia for holding the property and what is reported on its sale, and which withholdings apply to someone who is not a tax resident.
2. The questions a Spanish buyer has to settle before closing: that the amount sent in euros and the amount stated on the deed are both accounted for in the exchange declaration and in the registration with the Banco de la República; that someone explains what certificado de tradición y libertad and falsa tradición mean here, since neither has an equivalent at home and whether a treaty exists between Colombia and your country, and what it says about rental income and about ganancia ocasional, with an accountant in each country.
3. Take those same questions to an accountant in your own country and ask in writing whether a treaty exists between Colombia and that country and, if it does, what it says about rental income and about ganancia ocasional. That answer is theirs to give, not the DIAN's and not ours.
4. Ask the Cancillería which tax-residence certificates and which documents need an apostille or legalisation for one administration to accept them from the other.
5. Before transferring, confirm with the Banco de la República how the investment ends up registered, because the exchange registration is what later supports moving funds out, and the tax question is asked on that basis.
6. Decide with your accountant, before the promesa and not after, whether you buy personally or through a company, because the titleholder does not change without another deed.

Mistakes that cost money

• Asking about tax after signing. The structure of the purchase is decided beforehand, and it is the only part still open to choice.
• Assuming a treaty exists because someone said so in a buyers' group. Whether one exists, and what it says, is confirmed in writing by an accountant in each country.
• Believing that if tax was withheld in Colombia there is nothing left to do at home. There are two administrations and two separate filings; how they interact is exactly the question to settle.

Frequently asked questions

Is there a treaty between Colombia and my country?

We neither assert nor deny it here: the list is amended and a stale answer would cost you money. Ask the DIAN and an accountant in your own country, and get the answer in writing.

Will I pay twice on the same thing?

That is the right question and it has no general answer: it depends on your tax residence, on each country's rules and on whether a treaty exists. It is the conversation to have with an accountant in each country before signing.

Can a Spanish buyer handle this without an accountant?

The DIAN explains the Colombian side, but neither administration resolves the combination of the two for you. That is what the accountant in each country is for.

Where to check it

• DIAN — the tax ID, withholding on sale and the capital gains tax
• Cancillería de Colombia — current visa requirements and the apostille of foreign documents
• Banco de la República — registration of foreign investment and the official exchange rate
• Cartagena de Indias — the rules of the municipality Serena del Mar belongs to

Official bodies. Specific figures are requested there, not copied from a listing.

Updated 2026-11-06