Quick answer: A foreigner can sell Costa Rican property on the same terms as a citizen. The main tax is capital gains at a flat 15% of the net gain under Ley 9635, with a primary-residence exemption and a one-time alternative for property owned before 1 July 2019 (2.25% of the gross price instead of 15% on the gain). A 2.5% withholding on the gross price applies at sale as an advance. The mechanics — title transfer before a notary, escrow, and Registro Nacional registration — mirror the purchase, run in reverse. Getting the tax and structure right before you list is what protects the proceeds.
Almost everything written about Costa Rican real estate is about buying. This is the guide for the other end of the journey — the exit — which matters just as much and is far less understood. If you bought with our foreign-buyer guide, consider this the sequel.
Can a foreigner freely sell?
Direct answer: Yes. Foreigners hold titled property with the same rights as citizens, and that includes the right to sell freely, with no residency requirement. The transaction is executed by a Costa Rican notario público and registered at the Registro Nacional, exactly as a purchase is. The two things that shape your sale are how the property is held (personally or through a company) and the tax on your gain.
Capital gains: the 15% rule and its exceptions
Since the 2018 tax reform (Ley 9635, in force from July 2019), capital gains on real estate are taxed at a flat 15% of the net gain — broadly the sale price minus your original purchase price plus documented improvements and legal costs. Three exceptions matter:
- Primary residence. The sale of your primary residence is exempt from capital gains tax.
- The pre-2019 election. If you owned the property before 1 July 2019, you may make a one-time election to pay 2.25% of the gross sale price instead of 15% on the gain — often favourable for long-held, highly-appreciated property.
- The 2.5% withholding. At sale, a 2.5% withholding on the gross price applies as an advance toward the liability, reconciled against the final tax.
[VERIFY: confirm the current capital-gains rate, the primary-residence definition, the pre-2019 election and withholding mechanics against the Ministerio de Hacienda / Ley 9635 with your accountant before listing, as elections are fact-specific.] For the wider tax picture, see Costa Rica taxes for expats.
The sale process, step by step
- Prepare and price. Confirm your title is clean and taxes current — a buyer’s due diligence will check exactly what yours did. Price against real comparables.
- List and market. Reach qualified buyers; foreign buyers are a large share of the market for expat-oriented property.
- Offer and option-to-purchase. The buyer signs an opción de compra-venta setting price, deposit, closing date and contingencies.
- Escrow. The buyer’s funds move into a SUGEF-registered escrow account, released against completion — the same protection you used as a buyer.
- Buyer due diligence. Registry title search, survey, liens, taxes current. A well-kept property clears this quickly.
- Notary executes the transfer deed (escritura), withholds the applicable taxes and stamps, and lodges the transfer.
- Registration and funds release. The transfer is recorded at the Registro Nacional and escrow releases your proceeds.
It is the purchase process in reverse — see our closing-process guide for the mechanics both sides share.
Selling a property held in an S.A. or S.R.L.
If your property sits in a Costa Rican company, you have a choice with real consequences: sell the asset (the company transfers the property) or sell the shares/quotas (the buyer acquires the company that owns the property). A share sale can be simpler and avoid a fresh transfer, but the buyer inherits the company’s history and liabilities, so sophisticated buyers price that risk or insist on an asset sale. The tax treatment differs too. This is a decision to make with counsel, not a default — our guide to owning property through a corporation covers the structure.
Timing your sale
Three timing factors are worth weighing. Season: the dry-season and Northern-Hemisphere-winter months bring the most active foreign buyers. The residency-threshold calendar: policy windows like the Ley 9996 investor threshold (US$150,000 until 14 July 2026) shape buyer demand at the qualifying price points. Currency: expat-market property is commonly priced in US dollars, which insulates your headline value, though colón-denominated costs and taxes are a factor. Selling into strong demand at the right price point beats selling under time pressure.
Costs to the seller, and repatriating the money
Sellers typically bear their own legal fees and often share or negotiate transfer costs; the customary split is negotiable and set in the option contract. After closing, moving the proceeds abroad runs through the banking system under SUGEF anti-money-laundering rules — effectively the source-of-funds trail in reverse, where you document that the money came from a bona fide property sale. US persons should note FATCA reporting and, as ever, that US worldwide taxation applies to the gain regardless of the Costa Rican treatment.
Getting ready to sell: the seller-side diligence
The smoothest sales are the ones where the seller has quietly done the buyer’s homework in advance. Before you list, confirm your own title is clean at the Registro Nacional, that property taxes and any corporation fees are fully current, and that your plano catastrado matches the property — because a serious buyer’s attorney will check all of this, and any gap becomes a delay or a price renegotiation at the worst moment. If the property is held in a company, make sure the entity is in good standing with its corporation tax and filings up to date; a dormant, non-compliant company is a red flag that can stall or sink a share sale.
Presentation and documentation matter too. Assemble the paperwork a buyer will want — title, survey, tax receipts, HOA standing, permits for any construction, and utility accounts — into a clean package. A property that answers questions before they are asked signals a low-risk transaction and tends to sell faster and closer to asking. This is simply the mirror image of the diligence you should have done as a buyer; our red-flags guide is a useful checklist to run against your own property before you list.
Pricing and the tax interaction
Price against real, recent comparables rather than aspiration — the expat market is transparent and buyers are advised. But price with the tax in mind, too. Because capital gains is 15% of the net gain, your documented cost base matters: keep records of your original purchase price, closing costs, and every capital improvement, because they reduce the taxable gain. For long-held property bought before July 2019, run both calculations — 15% of the net gain versus the one-time 2.25% of gross election — with your accountant, because for a highly-appreciated property the election can save a meaningful sum. The property-tax and luxury-tax history also matters to buyers; our guides to property tax and the luxury home tax explain what a buyer will expect to be current.
Frequently asked
How much capital gains tax will I pay when I sell?
Generally 15% of the net gain under Ley 9635, with a primary-residence exemption and a one-time 2.25%-of-gross election for pre-July-2019 owners. A 2.5% withholding applies at sale as an advance. Confirm your case with an accountant.
Can a foreigner sell property in Costa Rica without residency?
Yes — titled property can be sold freely by a foreigner, with no residency requirement, through a notary and the Registro Nacional.
Should I sell the property or the company that owns it?
It depends. A share sale avoids a fresh transfer but passes the company’s liabilities to the buyer, who may discount or refuse it; an asset sale is cleaner for the buyer. Decide with counsel — the tax and risk differ.
How do I get the sale proceeds out of Costa Rica?
Through the banking system under SUGEF rules, documenting the property-sale source of funds. US persons have FATCA obligations and owe US tax on the gain regardless of Costa Rican treatment.
What records reduce my capital gains?
Your original purchase price, documented closing costs and every capital improvement all lift your cost base and reduce the 15% net gain. Keep receipts from the day you buy — they are money at sale time.
How do I make my property sell faster?
Do the buyer’s diligence in advance: clean title, taxes current, company in good standing, and a complete document package. A property that answers questions before they are asked sells faster and closer to asking.
Thinking through a Costa Rica move or sale?
Whether you are buying, building, selling, or getting the cross-border tax picture right, our team works alongside Costa Rican counsel and your own advisors to keep the whole thing clean. Book a consultation and we will map it to your situation.
This article is general information, not legal or tax advice. Costa Rican and US rules change and are applied to individual facts; figures are current as of July 2026 and should be confirmed with qualified Costa Rican counsel and your own cross-border tax adviser before you act.