Spanish Inheritance Tax for Non-Resident Heirs

published on 28 October 2024

Here's what you need to know about Spanish inheritance tax if you live outside Spain:

Key Point Details
Tax Rates 7.65% to 34% of inherited value
Payment Deadline 6 months from death date
What's Taxed Only Spanish assets (property, bank accounts, investments)
Who Pays Less EU residents can use regional tax breaks (up to 99% off)
Who Pays More Non-EU residents must use higher national rates

The basics:

  • You pay tax on Spanish assets only
  • Each heir handles their own tax bill
  • You need a Spanish tax number (NIE)
  • Get help from a tax expert - the math is tricky

Tax rates depend on:

  • How much you inherit
  • Your relationship to the deceased
  • Your current wealth
  • Where the assets are located
Inheritance Amount Tax Rate
Up to €7,993 7.65%
€7,993 - €797,555 7.65% - 34%
Over €797,555 36.5%

Don't wait: You've got 6 months to submit paperwork and pay. Need more time? Ask for a 183-day extension before your first deadline ends.

Want to pay less? EU residents can use regional tax breaks that cut rates by up to 99%. But if you live outside the EU, you're stuck with national rates.

Basic Rules of Spanish Inheritance Tax for Non-Residents

If you inherit property in Spain as a non-resident, you need to pay inheritance tax within 6 months. The tax only applies to Spanish assets like:

  • Property
  • Bank accounts
  • Investments in Spain

Since 2015, EU residents get a choice:

Tax Rules Who Can Use Main Feature
State Rules All non-residents Base rates 7.65% - 34%
Regional Rules EU residents Lower rates + more deductions
Non-EU Rules Non-EU residents State rates only

Here's what you'll pay based on how much you inherit:

Inherited Amount (€) Tax Rate
0 - 7,993 7.65%
7,993 - 31,956 7.65% - 10.2%
31,956 - 79,881 10.2% - 15.3%
79,881 - 239,389 15.3% - 21.25%
239,389 - 398,778 25.5%
398,778 - 797,555 29.75%
Over 797,555 36.5%

What Non-Residency Means for Your Tax

You're a non-resident if you spend less than 183 days per year in Spain. Here's what you need to know:

1. Location Rules

The tax follows your biggest asset. Let's say you inherit two properties:

  • €200,000 house in Andalusia
  • €150,000 house in Murcia You'll follow Andalusia's rules because that's where the most expensive property is.

2. What You Need to Do

  • Get your NIE (Spanish tax number)
  • Submit Form 650 for regional benefits
  • Pay state-level tax first
  • Then claim regional benefits if you can

3. Avoiding Double Tax

Your home country might tax your Spanish inheritance too. Check if there's a tax agreement with Spain to avoid paying twice.

Pre-existing Wealth (€) Family Groups 1 & 2 Group 3 Group 4
0 - 402,678 1.0000 1.5882 2.0000
402,678 - 2,007,380 1.0500 1.6676 2.1000
2,007,380 - 4,020,771 1.1000 1.7471 2.2000
Over 4,020,771 1.2000 1.9059 2.4000

Remember: In Spain, each person who inherits must handle their own tax. It's not like other countries where the estate pays everything at once.

Main Problems for Non-Resident Heirs

Here's what makes Spanish inheritance tax tough for non-residents:

Tax Calculation Issues

The tax math isn't simple. Here's why:

Factor What It Means
Regional vs State Rules You'll pay different rates based on where the property is
Asset Value Tax starts at 7.65% but can jump to 34%
Pre-existing Wealth Your current wealth can double your tax (up to 2.4x more)
Relationship to Deceased Close relatives pay less than distant ones

Let's break this down with a €500,000 property:

  • Your base tax rate hits 29.75%
  • Then multiply based on your wealth
  • EU residents might get regional benefits
  • Your relationship to the deceased affects the final number

Paperwork and Process Issues

You'll need these documents (and they ALL matter):

Document Why You Need It
NIE Number Your Spanish tax ID
Form 650 To claim tax benefits
Death Certificate Proves your right to inherit
Property Deeds Shows what you're inheriting
Will (if there is one) Explains who gets what

Here's the catch: You've got 6 months after the death to submit everything. Need more time? Ask for a 183-day extension BEFORE your first deadline ends.

Cost and Payment Issues

Money problems? You bet:

Issue The Pain Point
No Payment Plans Pay it all within 6 months
Double Taxation Your home country might tax you too
Limited Deductions Non-residents miss out on tax breaks
Asset Valuation Pay extra for property assessment

Big Problem: In Spain, YOU (not the estate) pay your share of tax. That means finding cash BEFORE you can sell what you inherited.

Need help? Find My Lawyer's platform connects you with English-speaking tax experts who know how to handle Spanish inheritance for non-residents.

How to Handle Inheritance Tax

Here's what you need to know about managing inheritance tax:

Planning Strategy What It Does Tax Impact
European Succession Laws Pick your country's laws Tax varies by home country
Civil Partnership Changes heir status Gets you €15,957 allowance
Usufruct Agreement Splits property ownership Cuts immediate tax
Spanish Compliant Bonds Wraps investments Skips inheritance tax

Want to pay less tax? Here are the methods that work:

Method Tax Savings What You Need to Do
Family Business 95% off Keep it for 10+ years
Main Home 95% off Works for close family
Property Company Skip all tax Set up before death
Regional Benefits Up to 99% off Depends on your area

Here's something most people don't know: Heirs under 21 get €47,859 extra allowance (versus €15,957 for older heirs).

You'll need these people on your team:

Expert What They Do When to Call
Tax Pro Runs the numbers First month after death
Property Expert Checks asset values Before tax forms
Legal Help Handles papers Before 6-month cutoff
Money Person Plans payments After tax calculation

Time Rules:

  • You get 6 months from the death
  • Can add 183 days (ask before first deadline)
  • Pay late = pay more

Must-Have Papers:

  • Death certificate
  • Will (if there is one)
  • Property papers
  • NIE numbers
  • Form 650
  • Asset values

Need help? Find My Lawyer connects you with tax experts who speak English and know Spanish inheritance tax inside and out.

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Different Rules by Region

Here's a breakdown of Spain's inheritance tax system:

Region Tax Rate Family Benefits Non-Resident Rules
Madrid Up to 34% 99% reduction for family State rules apply
Andalusia Up to 32% 99% off for close family Higher rates
Valencia Up to 34% Almost zero for family Limited benefits
Balearics Up to 34% 100% off for Group I & II State rules only
Catalonia Up to 31% Lower reductions Standard rates

The tax system in Spain isn't one-size-fits-all. Each region sets its own rules and rates.

Here's what you'll pay based on asset location:

Asset Location Base Tax Rate Extra Charges Payment Time
State Rules 7.65% - 34% Up to 48% more 6 months
Madrid Assets 7.65% - 34% None for residents 6 months
Catalonia Property Up to 31% Based on wealth 6 months
Valencia Items 7.65% - 34% Almost none now 6 months

Want to pay less? Here's how tax breaks work:

Benefit Type Who Gets It Tax Savings Requirements
Main Home Close Family 95% off Keep 10 years
Business Assets Direct Heirs 95% off Run business
Cash/Investments Group I & II Up to 99% By region
Property Siblings 50% off Balearics only
All Assets In-laws 25% off No other heirs

Here's what you can deduct:

  • Group I & II start with €15,957 base allowance
  • If you're under 21, you get an extra €47,859
  • Siblings can deduct €7,993
  • Non-relatives start at zero

Need help? Find My Lawyer connects you with tax experts who know your region's rules and can help cut your tax bill.

Where to Get Help

Here's what you need to know about legal help with Spanish inheritance tax:

Service Provider What They Do How to Contact First Meeting
Scudamore Law Spanish inheritance Phone/Email Free 15-min chat
Giambrone Tax across regions Online/Email Book ahead
Del Canto Chambers Spanish-UK tax experts Direct contact Reviews cases first
Pellicer & Heredia Spanish inheritance +34 965 480 737 Contact to schedule

Need a Lawyer?

Find My Lawyer matches you with English-speaking Spanish tax experts. They'll help you:

  • Figure out your tax bill
  • Fill out tax paperwork
  • Pay on time (within 6 months)
  • Get local tax breaks
  • Set up your NIE tax number

Working With Tax Experts

Here's what tax experts do for you:

Task What They Handle Why You Need It
Paperwork Fill out all forms Keep you legal
Time Management Watch 6-month deadline Avoid late fees
Local Benefits Find tax breaks Pay less tax
Asset Worth Set correct values Don't overpay
Tax Strategy Plan inheritance Cut your tax bill

"Don't go it alone. Get a law firm that knows inheritance law for foreigners. They'll help cut your tax bill and save you headaches." - Rosana Tejada, Tejada Solicitors

When working with experts, you'll need to:

  • Get a tax rep (Representante Fiscal)
  • Apply for your NIE number
  • Make separate wills for Spanish/non-Spanish assets
  • Ask about payment plans if needed
  • Save all tax receipts

Steps to Take

Here's what you need to do as a non-resident heir in Spain:

First Steps

The process starts right after someone passes away. Here's your timeline:

Timeline Required Document Where to Get It Wait Time
Day 1-2 Death Certificate Civil Registry 2-21 days
Day 15+ Certificate of Last Wills Ministry of Justice 15 business days
Day 15+ Insurance Coverage Certificate Registry of Insurance 15 business days
Day 30+ Copy of Will Notary Office After Last Wills

No will? Here's what to do:

  • Direct family members need a Declaration of Inheritors from a notary
  • Non-direct family must go through court first
  • Bring 2 witnesses to the notary office

Next up - taxes:

  • Get your NIE (tax ID number)
  • Find a tax representative
  • Figure out how much tax you owe
  • Pay within 6 months (or ask for more time)

Future Planning

Let's look at what you need to plan ahead:

Planning Task What to Do Why It Matters
Make a Spanish Will Register at notary Speeds up process
Asset Valuation Get professional appraisals Correct tax calculation
Tax Payment Plan Set up installments Manage cash flow
Property Registration Update registry records Legal ownership
Double Tax Check Review agreements Avoid paying twice

Keep these deadlines in mind:

  • You have 6 months to pay inheritance tax
  • Can get another 183 days if needed
  • Register property AFTER paying taxes
  • Banks release funds AFTER tax clearance

Get these documents ready:

  • Property deeds
  • Bank statements
  • Asset valuations
  • Tax residency certificates
  • Power of attorney (if needed)

"The deadline for paying inheritance tax is 6 months from the death or declaration of death of the owner, with a possible extension of 6 months." - Law 29/1987

Need help? Find My Lawyer can connect you with English-speaking tax experts who'll handle everything and keep you on track with deadlines.

Summary

Here's a breakdown of Spanish inheritance tax for non-residents:

Key Area Details
Tax Rates 7.65% to 34% based on inheritance value
Tax Base Spanish assets only (property, bank accounts, investments)
Payment Deadline 6 months from death date (+183 days possible)
Regional Benefits Tax breaks vary by region (up to 99% off)
Documentation Death certificate, Last Will, Insurance Coverage Certificate

Regional Tax Breaks at a Glance:

Region Tax Break Who Gets It
Andalusia €1,000,000 + 99% off Direct heirs (Group I & II)
Valencia 7.65% - 34% scale All heirs
Catalonia Up to 31% for €800,000+ Based on family ties

What Changed in 2015:

  • Non-residents now use regional tax rules
  • Same rates as Spanish residents
  • Tax applies to Spanish assets only
  • Property registration needs tax payment first

How to Pay:

  • Pay in full within 6 months
  • Ask for more time
  • Split into installments
  • Pay after getting a tax rep

What Goes into Tax Math:

  • Property worth
  • Money in banks
  • Investments
  • Take out debts and mortgages
  • Add regional tax breaks

Key Dates to Know:

What to Do When Extra Info
File Taxes 6 months From death date
Ask for More Time Before due date Up to 183 more days
Register Property After tax payment Must-do for ownership
Get Bank Money After tax cleared Standard step

Non-residents: Don't go it alone with Spanish inheritance tax. Tax pros can help you handle regional rules, get the math right, and pay on time.

Need help? Find My Lawyer connects you with English-speaking tax experts who know Spanish inheritance laws and non-resident rules inside out.

FAQs

What are the inheritance tax rates in Spain?

Here's how Spain taxes inheritance, from the smallest to largest amounts:

Inheritance Value Tax Rate
Up to €7,993 7.65%
€7,993–€31,956 7.65% to 10.2%
€31,956–€79,881 10.2% to 15.3%
€79,881–€239,389 15.3% to 21.25%
€239,389–€398,778 25.5%
€398,778–€797,555 29.75%
Above €797,555 34%

Here's what you NEED to know:

  • Each tax rate kicks in at its specific bracket
  • Your region in Spain might give you tax breaks
  • Living outside Spain? You'll pay tax just on Spanish assets
  • Got 6 months to pay if you're not a resident
  • Need more time? Ask for a 183-day extension

Want help with inheritance tax? Find My Lawyer matches you with English-speaking tax experts who know Spanish inheritance inside and out.

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