Are you going to inherit a property or assets in Spain?
If so, it is essential that you know how Inheritance Tax is applied in Spain, especially if you live abroad and inherit assets located in Spanish territory.
Can you pay the inheritance tax in your home country?
No. This is one of the most frequently asked questions among our foreign clients – especially citizens of the UK, Germany, Belgium, France and the Netherlands – who inherit property or assets in Spain.
Spanish regulations are clear:
If the inherited assets are located in Spain, Inheritance Tax must be paid in accordance with Spanish tax law, without exception, regardless of the heir’s nationality or country of residence.
How is the Inheritance Tax calculated in Spain?
The taxation of an inheritance in Spain can be complex, as several legal and tax factors are involved:
- The degree of kinship between the deceased and the heir.
- The tax residence of the heir.
- The total value of the inherited assets, including real estate, bank accounts, vehicles, etc.
- The legislation of the Autonomous Community where the assets are located.
- Possible tax bonuses, exemptions or reductions depending on the case.
In the past, there have been discriminatory situations between residents and non-residents, which has led to legal conflicts. However, the regulations have now been harmonised for all EU citizens.
When must the Inheritance Tax be paid?
The tax must be paid within a maximum period of 6 months from the death of the deceased.
During this time, the legal formalities for the acceptance of the inheritance, calculation of taxes and, if applicable, the signature of the Deed before the Notary and it’s registration in the Land Registry must be initiated and completed.
In some cases, an extension or tax benefits can be requested, depending on the Autonomous Community and the profile of the heir.
Why have specialized legal advice in inheritance and taxes?
The combination of inheritance law and Spanish taxation requires an in-depth knowledge of national and regional legislation. In addition, foreign heirs often face complex processes due to legal differences between countries.
Our law firm in Jávea is specialized in international inheritances and the management of Inheritance Taxes in Spain for foreigners. We have successfully advised numerous European citizens, for example from Germany, The Netherlands, Belgium and France, as well as from Non-European countries like Switzerland, the UK and the US.
Do you have doubts about your inheritance in Spain?
We help calculate your taxes correctly, obtain the necessary documents and handle all legal paperwork hassle-free.
Avoid costly mistakes. Trust lawyer experts in inheritances and taxation in Spain.
