@user17538342114 , having read through your post what I get is :
(a) You a US person ( GreenCard), and living in the US -- US Tax home
(b) have sold jointly held property in Spain
(c) You have had TDS ( Taxes Held at Source ) of 3%
(d) You now wish to recognize this alienation of asset and corresponding gain/loss for US tax purposes.
The questions I have at this point are :
1. How did you acquire the asset ? Is it purchase ( what was the price at the time, translated to US$ ?) or inheritance ( when was the passing of the decedent, what was the FMV-- Fair Market Value -- on that day or soon thereafter )?
2. If there was a significant time between acquisition and disposal, how was the property used in the meantime ? If it was rented out / income generation, did you report those incomes in your US return during that income generation period ? Were you a US resident ( GreenCard or Resident for Tax Purposes) during that period?
3. When did the sale complete ? Did the proceeds ( your share ) rest in a Spanish/ Non-US bank account ( that you own or have/had signature authority over ) for any period?
Please answer my questions and I will circle back -- yes ?
