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Spain

inheritance and gift taxes in Spain

If they receive as a German, Austrian or Swiss an inheritance or a donation in Spain, they are verplichtet according to English law of succession in Spain inheritance and gift taxes to be paid.

The changes in the inheritance and gift taxes in most autonomous regions of Spain which is mainly true if the inheritance or gift recipient is domiciled outside of Spain (more below). There

A so-called double taxation agreements on the inheritance and gift taxes to avoid double taxation in inheritance matters it is not a rule. However, national tax rules provide for unlimited taxpayers a deduction of inheritance tax paid abroad before. There exist

both national and regional laws regulating the inheritance and gift tax. In some cases, it is necessary to consider what law in the region in which obtained the inheritance or the donation will be applied.

regional tax laws for inheritances and gifts in Spain
Regional inheritance and gift tax laws of most autonomous regions generally have significantly lower rates than in the central English tax law or partly paid higher allowances

Here are some examples of the regulation of inheritance taxes in some autonomous regions of Spain.

Andalusia	heirs of the Group I & II (descendants, spouse, parents) pay 0% inheritance tax if the tax base 175.000, - € is not exceeded.
Balearic	Increased allowances, heirs of the Group I & II pay 1% inheritance tax
Murcia	heirs of the Group I & II pay 1% inheritance tax if the tax base 175,000 - does not exceed €.
Valencia	heirs of the Group I & II pay 1% inheritance tax
Canary Islands	heirs of the Group I & II 0.1% pay inheritance taxes
Madrid	heirs of the Group I & II pay 1% inheritance tax
Catalonia	2010 was there is a tax reform that is gradually introduced until July 2011. Then have spouses and children € 500,000 € 275,000 allowances and tax rates were reduced from 16 to 5 groups of 7-32%.

ATTENTION NON RESIDENTS in Spain-forward yet too early
people who have their habitual residence outside of Spain, that is not "resident", you pay tax in one of the autonomous regions accumulating inheritance or gift, according to general the central English inheritance and gift tax law and not under the applicable law in the autonomous region. The allowances in the central inheritance and gift tax laws are very low and the tax rates range from 7.65 to 34 percent.

Central inheritance and gift tax law
The English national gift and inheritance tax law applies whenever its operation that the autonomous region, which is obtained in the inheritance or the gift, did not adopt its own rules or the

gift and inheritance tax is not in a the autonomous regions is produced. Or maybe if the deceased and / or the Erbnehmer (Schenker and / or gift recipient) is not resident in Spain - that is not a resident.

example
The deceased / Schenker / te residence on the Canary Islands. The inheritance or gift recipient is also resident in the Canaries. The legacy or the gift consists of a house with a value of 240,000 €, the heir shall pay 0.1% of inheritance taxes, of 240 €.

Lives of the operator is outside of Spain as Germany, Austria or Switzerland, does the central and the regional inheritance and gift tax law in force. And then it can be more expensive.

allowances in the central English Succession:
in succession as direct descendants and spouses have an allowance of 15 638 € and family second and 3 Grades of 7831 €. In individual cases, there may be additional or increased allowances. If no allowances are given gifts.

rates the central English inheritance and gift tax:
The tax rates for estates and gifts starting at 7.65% and rise progressively to 34%.

taxable - Up Euros	taxation - Euros	tax rate - a percentage
0.00		7.65
7993, 46	611.50	8.50
15.980,91	1.290,43	9,35
23.968,36	2.037,26	10,20
31.955,81	2.851,98	11,05
39.943,26	3.734,59	11,90
47.930,72	4.685,10	12,75
55.918,17	5.703,50	13,60
63.905,62	6.789,79	14,45
71.893,07	7.943,98	15,30
79.880,52	9.166,06	16,15
119.757,67	15.606,22	18,70
159.634,83	23.063,25	21,25
239.389,13	40011.04	25.50
398,777.54	80655.08	29.75
797,555.08 199,291.40		34.00

tax bracket and Vorvermögen of the heir or recipient:
The corresponding from the table above tax rate is then multiplied by a coefficient from 1 to 2.4. The factor depends on the Vorvermögen of the heir or donee in Spain and its relationship to the deceased. The absolute maximum rate may therefore be at a high Vorvermögen, theoretical 81.6%. The factor 2 is used, for example, where the beneficiary is not a family member and has no Vorvermögen in Spain.

assessment of inheritance / donation
for accounts and securities is the evaluation simple. Here is an account balance or the value recorded before the date of death of the deceased or of the gift. More complicated is the evaluation of a property dar.

is a legal assessment to the actual value (Valor real), so the market value. Tax base for the English gift or inheritance taxes on real estate is neither the then purchase price, according to deed (Escritura) or the cadastral value. The law requires disclosure of the market value at the time of succession or gift.

pay the inheritance tax / gift tax:
In Spain, the payment of the tax due to a self-assessment by the tax office practice ( Modelo 652). This means the beneficiary must specify for each inherited / received right thing or the value in its tax return. In real estate the market value of the property, accounts or securities in the appropriate value. This "own" opinions, he states in the tax return and to pay those corresponding to this value, inheritance tax to the English tax office.

The tax office then 4 years time, to review by the charge values. If the tax office to higher ratings, so there is a recapture of the sensitive penalties can bring.

The law also the case by the tax office to get a lower rating - in which case the assessment is valid by the tax debtor. Due to increasingly empty coffers is more scrutiny by the tax entirely accept.

vs. English inheritance tax law. EU law
The current situation for non-resident heirs and gift recipient is not compatible with European law with the broad movement of workers and the free movement of capital. Nevertheless, the English legislature in 2009, the regime has rewritten and thus once again confirmed.

Links about gift and estate tax (inheritance or gift in Spain):
Tax Agency will - Information note to the English tax authority on inheritance tax for non-residents
Modelo 652 -tax form for the forecasting and Begeleichung the estate and gift