All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 46. Who are the foreigner taxpayers of Spanish Inheritance tax?
Friday, February 20, 2009 @ 8:04 AM

 

Who are the foreigner taxpayers of Spanish Inheritance tax?
 
As you know, Inheritance tax in Spain is paid by the beneficiaries. Submission to the tax is due to either personal or real obligation.
 
If the beneficiary is a Spanish resident:
 
According to provision 6 of Act 29/1987 on Inheritance and Donation tax, you will be liable in Spain for the acquisition  of all the inherited assets regardless the country they are located. The criterion for this submission is personal obligation (personal residency). Taxes paid in a foreign country by similar concept will be deducted according to a rule established in provision 23 of the Spanish Inheritance Tax Act.
 
 
If  the beneficiary is not a Spanish resident:
 
According to provision 7 of the Act 29/1987, he will be under Spanish Inheritance tax obligation by real obligation (location of goods), and will have to pay Inheritance tax for those goods and rights located in Spain.
 
From date of death of the deceased, there is 6 months to pay the inheritance tax return. The forms are 650 and 652.
 
If you are a resident, it is necessary to have a Tax identification number (NIF).
If you are not a resident, you will need to have a NIE number.
 
There is no agreement for the avoidance of double Inheritance taxation between Spain and the United Kingdom (we should start preparing one by the way…!).
 
 
 
Restaurant Almdedina in Tarifa. By Chodaboy at Flickr.com
 


Like 0




4 Comments


Gericom said:
Friday, February 20, 2009 @ 7:51 PM

Thanks for all the helpful info you keep posting Maria.
What about Ireland and Spain - there is a double taxation agreement in existence for income tax - does it apply also to inheritance tax?


Maria said:
Sunday, February 22, 2009 @ 5:35 AM

Gericom: Thanks for your comment.
The double taxation agreement for Inccome tax does not apply for Inheritance tax


BrianBarb said:
Thursday, February 26, 2009 @ 9:08 PM

my wife and i jointly own our property . if i die is the property automatically hers ??


Maria said:
Friday, February 27, 2009 @ 8:04 AM

It depends on if you left a will or not. Are you a Spanish resident? Do you have real assets both in Spain and in the UK?


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x