Inheritance Tax in Spain

 

Inheritance Tax is always in the minds of those who own property in Spain, at first glance the law seems very complicated and it is often the case that most people simply stick their heads in the sand to ignore it altogether and hope that it won’t apply to them. It will!

Although foreign wills are valid in Spanish inheritance cases, it is advisable to have a Spanish Will aswell to avoid complications during the inheritance process and to make your intentions as clear as possible. Spanish law requires that two-thirds of an estate must go to the children as compulsory heirs. However, all British property owners can choose their heirs and this will not be challenged by forcible heirs under Spanish laws.

The most commonly used form of will is the "open will" (as described under our "Wills" Section). This is usually presented in double column format, in both Spanish and English. This is signed before a Notary Public and is directly enforced without the need for grant of probate. The Notary Public will keep the original and a copy is sent to a central registry of wills in Madrid.

Who pays Inheritance Tax in Spain?

Expats resident in Spain and paying tax are liable to pay Spanish Inheritance tax regardless of the country in which the inheritance is situated. Non-residents are liable to pay Inheritance Tax in Spain only on assets which are physically located in Spain. There is no exemption on inheritance tax in Spain.

Categories of Inheritors

Inheritors fall into four categories with the allowances conceded shown in brackets:

• Group 1: Descendants and adopted children under 21. The older the child, the more tax to pay (15,956.87€).
• Group 2: Descendants and adopted children over 21, spouses, parents and adoptive parents (15,956.87€).
• Group 3: Brothers/sisters, nephews/nieces, aunts/uncles (7,993.46€).
• Group 4: Relatives in forth degree or friends (No allowances).

Calculating Inheritance tax due

Once the above allowance has been deducted from inherited sum, the Tax authorities apply the following tax rates on the remainder of the inheritance.

How can I avoid, or Minimise the amount of Inheritance Tax my Estate must pay?

• Buy property jointly with future intended inheritors
• Sell the property to future inheritors either fully or partly.
• Take out a mortgage loan on the property.
• Organising life insurance ensuring adequate funds to cover the Inheritance Tax bill.
• Buying or owning through a Spanish limited Company
• Buying or owning through an EU company