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MONEY

How to avoid problems with a family member’s Spanish bank account if they die

What happens to a person's bank account in Spain when they die? Here are all the steps you need to follow to avoid potential problems with Spanish banks when closing a deceased person's accounts and how it's linked to inheritance laws.

How to avoid problems with a family member's Spanish bank account if they die
Photo: Unsplash

When a family member passes away, not only do we have to face the grief and pain of the loss, but we’ll most likely be confronted with a pile of paperwork to sort out, and a big part of this is dealing with money and bank accounts.

However, there are ways to sidestep issues and extra fees that could arise as well as a correct modus operandi to follow.

  • If possible, make preparations before the person’s death

It’s important to be aware of how many accounts the person has before their death, so you know how many banks you will have to deal with. However, if you’re not sure of the amount of accounts they have at the time of death, you can go to the Agencia Tributaria (Spanish Tax Agency) office, with proof that you are the inheritor, who will be able to tell you the accounts in their name.

One option that can make things easier is to add yourself as a co-owner of the bank account before their death, which will give you access to the account before the bank blocks it. 

However, this isn’t always a good idea. Some may want to take money out of the account before the person’s death to avoid paying inheritance tax. But this isn’t very effective, since these movements will appear on the bank account’s balance and will eventually be notified to Hacienda (Tax Office).

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  • Notify the bank of the person’s death

When a person dies, it’s up to the inheritors to notify the bank of their death, so they can then interrupt any transactions and cancel any payments.

It’s important to do this as soon as possible to avoid any bills or commissions being charged.

The inheritors will have to present the bank with a certificado de defunción (death certificate), registro de actos de última voluntad, and a copy of the will. If there is no will, then they will need a copy of the declaration of heirs.

As soon as the inheritors notify the bank, the most common procedure is for the banks to block the part of the money in the account that belongs to the inheritance. This means that the money will not be used to pay for any outstanding bills or any “operations ordered during the life of the account holder for the maintenance of the inheritance”, as indicated by the Bank of Spain.

In most cases, 100 percent of the money in the bank account is part of the inheritance.

The bank is obliged to maintain the account for 20 years until someone claims the money on it. If nobody claims it, the money will go to the state.

  • Check the status of the bank accounts

You can ask the bank for the account balance before and after the time of death. This can only be handed out to the inheritors, so you’ll have to provide proof of this.

  • Sign the required paperwork and pay inheritance tax

You won’t be able to gain access to the bank account until an acceptance of the inheritance has been signed, and the inheritance tax has been paid. After this, you’ll be able to access the money from the account, whether it’s in cash, with a bank transfer or a cheque.

READ ALSO: Five things you need to know about inheritance tax in Spain

Are these bank services free?

Some banks will want to charge a commission for managing these accounts. However, you should be careful about paying any extra charges since the bank is required to provide the majority of services, such as providing a balance certificate, for free.

The bank is obliged to report the deceased person’s financial situation. They should not charge for a certificate and must give a copy to any hair who requests it.

The same goes for the information about the bank account’s balance, and the bank cannot make you open an account with them and charge you a commission for it.

However, the bank is allowed to charge for a balance of the account if it dates from or over a year ago. But must inform you of the cost first.

If you are worried that a bank is requesting unreasonable fees, you should check with the customer service department.

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TAXES

How foreigners in Spain’s capital can pay less tax with the new Mbappé Law

The regional government of Madrid is finalising the approval of the so-called Mbappé Law, a very favourable new personal income tax regime for foreigners who settle and invest in the Spanish capital.

How foreigners in Spain's capital can pay less tax with the new Mbappé Law

Similar to Spain’s Beckham Law, introduced in 2005, this piece of legislation is named after a famous footballer who will be the first to benefit from lower tax rates, as will other foreigners in Madrid.

Kylian Mbappé is a French footballer who currently plays for Paris Saint-Germain, but looks set to sign for Real Madrid this summer.

The objective of the right-wing Madrid government of Isabel Díaz Ayuso is to attract more foreign investment to the region with beneficial fiscal rates.

READ ALSO – Beckham Law: What foreigners need to know about Spain’s special tax regime

Unlike the Beckham though, the Mbappé Law is only designed to benefit foreigners who move to the region of Madrid, it’s not open to those who want to move elsewhere in Spain.

Also unlike the Beckham law, foreigners will only be able to reap the rewards of the Mbappé Law if they invest money into the region. This could be in the form of investments in companies or in vehicles, but it cannot include investments in property.

Specifically, applicants will be able to deduct 20 percent of all the money they invest in the Madrid region.

The law applies to regional personal income tax, which accounts for approximately half of entire tax payments in Spain, since the other part corresponds to the State’s collection.

Normally, a foreigner like Mbappé will be taxed in the highest income bracket, as they will earn well over €300,000 gross per year.

When the law is finally approved however, Mbappé could avoid paying the regional income tax entirely, in the event that 20 percent of his Madrid investments represent the same amount that he would have had to pay in taxes on his salary.

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

How will the Mbappé Law work?

For example, if Mbappé earned €40 million gross (not his actual salary), he would normally be charged €18 million in personal income tax.

Of this, 24.5 percent would correspond to the state tax, and this would have to be paid as normal. This means the state would collect €9.8 million from him in tax.

The change happens with the rest of the tax – the regional tranche. If he doesn’t make any investments, which now seems unlikely, he would have to pay €8.2 million in tax to Madrid.

If on the other hand the French superstar invested €40 million in Spanish companies or state bonds – he could deduct €8 million, which represents 20 percent of that amount.

This would mean that Mbappé’s tax rate would remain at 24.5 percent, a marginal rate that is slightly higher than the personal income tax for a worker who earns €20,000 and receives around €1,300 net per month.

As a percentage, of course, the amounts in Mbappé’s case are going to be huge. So, instead of paying €18 million in total, he would only pay €9.8 million.

Overall, this legislation signals that Madrid will become even more attractive to foreign investors.

By contrast, those who move to Catalonia will have to pay 25.50 percent in regional income tax, which added to the 24.5 percent of the state tax would increase personal income tax by half. So as a Real Madrid player Mbappé would earn €30.2 million, but if he signed for Barça he would pocket €20 million.

What’s the catch?

There are a few caveats to the new law, which primarily depend on how long you stay in Madrid. The new regulations establish that you have to stay and live in Madrid for a total of six years. If you leave before those six years are up, then you will be forced to return part of the tax savings you made.

What does this mean for Madrid?

The regional government of Madrid estimates that 30,000 foreign investors could choose to move to the region specifically in order to benefit from the new law and that it will cost the public coffers €60 million per year.

The idea is that Madrid will continue to attract foreign investment. Madrid’s leader Isabel Díaz Ayuso recently claimed that: “Two out of every three euros that arrive in Spain as an investment from abroad do so in projects that are developed within the Community of Madrid. In the last decade, the flow of investments has doubled”.

Madrid already has some of the best tax incentives in Spain. Residents pay less tax on their income, assets, inheritance and property transactions and conditions are beneficial to high-income earners in particular.

Financial experts agree that Madrid is among, if not the top region, with the most lenient tax system in the country, and when the Mbappé law comes into force, the region will benefit from even more incentives.

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