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Inheritance Taxes
How the tax works
 
The rate of levy and the tax payment
 
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
Percentage

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

 
The 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

 
Expiration of time period
 
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.
 
Place of payment of the tax
 
The documents and self-assessment statements relating to this Tax may be filed in any of the Provincial Offices of the Regional Ministry of the Economy and Treasury, of the relevant Autonomous Community, which will be:
 
  • Where “mortis causa” acquisitions are concerned, that of the usual abode of the predecessor in title.
  • Where acquisitions “inter vivos” are concerned, that of the place where the property is situated or, failing that, the acquirer's usual abode.
 
The time limit for paying the tax
 
The time limit for paying the tax will be:
 
  • In inheritance: 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: 30 working days from the day when the deed or contract was made.
 
The documentation which must be supplied
 
The official form must be accompanied by the following documentation:
 

1. In the case of inheritance:

 
  • If a will exists, the first copy and a non-certified copy of it will be submitted, together with copies of the N.I.F. (Tax ID Number) certificates of all the heirs or legatees.
  • If such a document does not exist, the form must be accompanied by:

    • The death certificate of the predecessor in title and certificate from the General Registry of Last Wills and Testaments.
    • Certified copy of the heirs' declaration.
    • The life assurance contracts taken out, or a certificate issued by the insurance Company.
    • Documentary evidence of whatever charges, taxes, debts and costs it is desired to deduct.
    • Documentary evidence of title to the deceased's property: Non-certified registral notes, Council Tax bill, etc.
    • Copies of the N.I.F. (Tax ID Number) certificates of all the heirs or legatees.
 

2. In the case of donations:

 
  • First copy and a non-certified copy of the public notarised deed or document setting out the donation on which tax is to be paid, and of the N.I.F. (Tax ID Number) or C.I.F. (Tax ID Code) certificates of the donor and beneficiary.
  • In all cases, if property is included in the transfer, it must be accompanied by a copy of the latest Impuesto sobre Bienes Inmuebles (Council Tax) bill or, failing that, a certificate of the assessed value.
 
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