| |
| |
INHERITANCE. FREQUENTLY ASKED QUESTIONS
|
 |
Inheritance in Spain |
| |
| Who is liable to pay the inheritance taxes? |
| |
The ones required to pay the tax, by way of taxpayer and acquisitions mortis causa, are the beneficiaries of the inheritance or legacy. In case of life insurance for the death of the insured, the beneficiary. |
| |
| When is the inheritance tax due? |
| |
The tax is due on the date of death of the deceased. The self-assessment tax regime is compulsory in the Region of Murcia. |
| |
| What documents are needed if the testator does not have spanish will? |
| |
In case that the testator passes away in Spain or in his country and he does not have Spanish will the documents needed are death certificate translates and apostilles, certificate of lasts wishes, property deeds, Spanish will, relation of assets, certificate for bank accounts and probate translated and apostilled.
|
| |
| What documents are needed if the testator does have spanish will? |
| |
In case that the testator passes away in Spain or in his country and he does not have Spanish will the documents needed are death certificate translates and apostilles, certificate of lasts wishes, property deeds, Spanish will, relation of assets, certificate for bank accounts.
|
| |
| Which deductions can the beneficiares apply in the inheritance tax? |
| |
The reductions to be applied depending on the degree of kinship are as follows:
- Group I: Descendants and adoptees under twenty-one years of age. It's possible to deduct from the resulting payment the sum of 15.956,87€, plus a further 3.990,72€ for each year the descendant or adoptee has left to go until he or she reaches the age of 21, with a maximum limit of 47.858,59€.
- Group II: Descendants or adoptees aged twenty-one or over, spouses, ascendants and adopters. The reduction which may be applied will be 15.956,87€.
- Group III: Collateral relatives of the second and third degree, ancestors and descendants by affinity. The reduction which may be applied will be up to 7.993,46€.
- Group IV: Collateral relatives of the fourth degree, more distant degrees and non-relatives. In these cases no reduction will be applicable.
In acquisitions by persons with a physical, mental or sensory disability or impairment, a reduction of 47.858,59€ if the degree of discapacity is between 33% and 65% and 150.253,03€ if the degree of discapacity is more than 65% will be applied. |
| |
| If the testator has life insurance, can be deducted the amounts received? |
| |
Yes, it can be deducted the 100% of the amount received as beneficiares of the life insurance with a maximum of 9.195,49€ if the beneficiares are spouse, descendant, ascendant and adopters.
|
| |
| Which are the percentages rates to apply for inheritance tax? |
| |
To calculate the tax payment which must be made, to the net tax base is applied whatever percentage the appropriate Autonomous Community may have laid down, and failing that, the one shown in the following scale, which has been, and still is, periodically updated.
Net tax
base up to € |
Payment € |
Rest of net tax
base
up to € |
Applicable
rate % |
0.00 |
|
7,993.46 |
7.65 |
7,993.46 |
611.50 |
7,987.45 |
8.50 |
15,980.91 |
1,290.43 |
7,987.45 |
9.35 |
23,968.36 |
2,037.26 |
7,987.45 |
10.20 |
31,955.81 |
2,851.98 |
7,987.45 |
11.05 |
39,943.26 |
3,734.59 |
7,987.46 |
11.90 |
47,930.72 |
4,685.10 |
7,987.45 |
12.75 |
55,918.17 |
5,703.50 |
7,987.45 |
13.60 |
63,905.62 |
6,789.79 |
7,987.45 |
14.45 |
71,893.07 |
7,943.98 |
7,987.45 |
15.30 |
79,880.52 |
9,166.06 |
39,877.15 |
16.15 |
119,757.67 |
15,606.22 |
39,877.16 |
18.70 |
159,634.83 |
23,063.25 |
79,754.30 |
21.25 |
239,389.13 |
40,011.04 |
159,388.41 |
25.50 |
398,777.54 |
80,655.08 |
398,777.54 |
29.75 |
797,555.08 |
199,291.40 |
higher amounts |
34.00 |
|
| |
| How is calculated the inheritance tax debt? |
| |
This is calculated by applying to the resulting tax payment, the multiplying factor given below, which also depends on the degree of kinship, that is, the relationship of the predecessor in title to the beneficiary.
ASSETS |
KINSHIP GROUPS |
|
I and II |
III |
IV |
From 0 to 402,678.11 € |
1.0000 |
1.5882 |
2.000 |
Up to 2,007,038.43 € |
1.0500 |
1.6676 |
2.100 |
Up to 4,020,720.98 € |
1.1000 |
1.7471 |
2.200 |
Above 4,020,720.98 € |
1.2000 |
1.9059 |
2.400 |
|
| |
| When is the inheritance tax due? |
| |
In inheritance the period is 6 months of the date when the predecessor in title died or was declared dead. It's possible to apply to defer payment for a further 6 months, in which case interest will accrue on the late payment. In donations the period is 30 working days from the day when the deed or contract was made.
|
| |
| When is the inheritance tax expired? |
| |
The appropriate Autonomous Community will have 4 years in which to request payment of the tax; once this period has elapsed, its right to do so will be understood to have lapsed and therefore it will not be claimable.
|
| |
|
|
|
|