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.
Related video from YouTube
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.
sbb-itb-c1c0fc4
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.