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TAXES

Where are the best and worst places for inheritance tax in Spain?

Inheritance tax varies greatly in Spain depending on what region you or your relatives live in. Find out what the rates are across the Spanish territory in 2024 so you can plan accordingly.

Where are the best and worst places for inheritance tax in Spain?
What are the inheritance tax rates in each region in Spain? Photo: Andrea Piacquadio / Pexels

Spain’s inheritance or succession tax, known as el impuesto de sucesiones is both complex and controversial, but it’s important to understand how it works in order to avoid any unfortunate financial surprises when a loved one with a connection to Spain passes away. 

Spanish inheritance tax is decided by the Spanish State but all of the country’s 17 regions have the right to change these rules to make them more beneficial or detrimental to heirs. Luckily, the general trend is towards the former. A word you’ll come across frequently when reviewing inheritance tax in Spain is bonificación, which means tax reduction. 

Generally, the regions that went from socialist to PP or right-wing governments in the May 2023 elections, made the conditions more favourable. This includes Valencia, Aragón, La Rioja and the Balearic Islands. While Madrid, Galicia and Andalusia had already implemented better conditions earlier. 

This means the regions with the highest inheritance tax rates currently are Asturias, Catalonia and Castilla-La Mancha. 

The succession tax rates will differ depending on how much is inherited, but it is progressive ranging from 7.65 percent on the first €7,933 up to 34 percent on €797,555+, but several bonuses can be applied to these rates. 

There are also many factors to consider, such as which category heirs and other beneficiaries fall into, or the fact that in Spain the spouse of the deceased is also subject to inheritance tax, which is not the case in the UK and many other countries.

Keep in mind that regional governments can and do change their inheritance tax conditions relatively often, so make sure you double-check with an official source, preferably the website of your regional government.

What are the different groups of heirs in Spain?

As mentioned above, there are several categories or groups that heirs can fall into and this will depend on how much allowance they can benefit from. The groups are the following:

Group 1: Children under 21 years of age

Group 2: Children over 21 years of age, spouses and parents

Group 3: Siblings, nieces, nephews, as well as aunts and uncles

Group 4: Cousins or more distant relations

EXPLAINED: How choosing the right region in Spain can save you thousands in inheritance tax

What are the inheritance rates in my region?

Andalusia

In Andalusia groups 1 and 2 are exempt from payment if the amount of the inheritance does not exceed €1 million, and groups 3 and 4 for inheritances up to €250,000.

Aragón

A 100 percent exemption applies for inheritances of up to €3 million for group 1. 65 percent tax relief on donations made to spouses, ascendants and descendants, as long as the tax base is equal to or less than €500,000.

Asturias

Groups 1 and 2 do not pay any taxes on inheritances of less than €300,000.

Balearic Islands

In the Balearic Islands, since July 2023 inheritances between ascendants, descendants and spouses do not pay any tax thanks to the 100 percent tax bonus. In addition, a general bonus of 25 percent of the quota is applied to inheritances between siblings, aunts and uncles and nephews and nieces, which rises to 50 percent if the deceased had no descendants.

Basque Country

For those in groups 1 and 2 in the Basque Country, inheritances with an amount less than €400,000 are not required to pay taxes. When the amount is greater than €400,000, a tax rate of 1.5 percent will be applied.

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

Canary Islands

Since September 2023, inheritances between ascendants, descendants, spouses, siblings, aunts, uncles, nephews and nieces are practically exempt with a 99.9 percent bonus applied to the quota. The taxation of donations between spouses, ascendants and descendants has also been improved, which is now reduced by 99.9 percent.

Cantabria

Children, parents and spouses are entitled to a rebate that varies between 90-99 percent. This discount can reach 100 percent if the taxable base is less than €100,000.

Castilla La-Mancha

In Castilla La-Mancha the bonus for groups 1 and 2 will be 100 percent up to an amount of €300,000. For amounts after this, it will be 80 percent. 

Castilla y León

In Castilla y León the inheritance tax deduction stands at 99% for direct family members (spouse, descendant or adoptee, ascendant or adopter of the deceased).

Catalonia

In Catalonia, tax is not paid if the amount to be inherited is less than €100,000 in the case of spouses or descendants in group 1 (under 21 years of age), €50,000 for nephews and nieces or €30,000 for ascendants (parents or grandparents).

In inheritances due to death, a reduction in the taxable base is applied on the basis of the degree of kinship: children under 21 years of age can receive €100,000, plus an extra €12,000 for each year under 21 years of age, up to a limit of €196,000.

Extremadura

Descendants (including adopted children) under the age of 21 are entitled to a rebate of 99 percent of the adjusted tax liability. Descendants aged 21 over, spouses, ascendants and adoptive parents may apply the following percentages:

99 percent when the taxable base does not exceed €175,000.

95 percent when the taxable base does not exceed €325,000.

90 percent when the taxable base does not exceed €600,000.

Galicia

In Galicia, for those in group 2, the exemption limit is €400,000. 

La Rioja

Those who inherit in La Rioja will benefit from a deduction of 99 percent of the tax quota for inheritances between ascendants, descendants and spouses.

From the beginning of the year 2024, tax on inheritances exceeding €400,000 between direct relatives has been removed.

Madrid

Madrid has applied a discount of 99 percent of the tax quota for taxpayers included in groups 1 and 2. In addition, for the heirs included in group 3, it establishes a discount of 15 percent or 10 percent, depending on what relation they are to the deceased.

Murcia

Those in groups 1 and 2 will only pay 1 percent.

Navarre

In Navarre no discounts are applied, but how much tax varies according to what group you fall under. Spouses for example have a rate of 0 percent up to €250,000, and 0.80 percent from there upwards. In the case of descendants and parents, the applicable rate varies between 2 percent and 16 percent.

Valencia region

In Valencia with retroactive effect from May 28th, 2023, the bonus on inheritances between spouses, ascendants and descendants is now 99 percent. If tax was paid for an inheritance or donation after that date, a rectification may be requested in your annual income tax return. 

Case study example

For example, in the case of a 30-year-old who inherits assets worth €800,000, it would vary greatly depending on where they lived

In the Balearic Islands now for example, they wouldn’t pay anything on this amount, whereas before they would have paid €5,950. In Galicia, Cantabria and Andalusia they would also not pay anything as these regions have subsided 100 percent of the tax.

In the Canary Islands, they would go from paying €31,749 to only €134; in Valencia from €63,194 to €1,264; and in La Rioja, from €32,343 to €1,588.

The rest of the communities have not announced changes so far, so this is what you would pay in each ranging from highest to lowest. Castilla y León, €810; Madrid, €1,586; Extremadura, €1588; Murcia, €1640; the Basque Country, €3,150; Navarre, €17,000; Castilla-La Mancha, €31,759; Catalonia, €44,569; and Asturias, €103,135 .

In the case of Aragón, you would pay €55,467, but the government has announced bonuses, which will reach up to 99 percent for direct descendants under 21 years of age.

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For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

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