Inheritance Tax

Introduction

Taxpayers are heirs, beneficiaries and donees for all assets located in Spain, and for assets located abroad passing to Spanish residents.

This tax is levied on behalf of the 17 autonomous regions, on property passing to individuals by way of gift or on death.There are several reductions on the tax base as for habitual home or individual enterprise. Autonomous Communities can also rule different reductions.


Non residents recipients are subject to this tax:

With regards to any asset located in Spain

With regard to proceeds under a life insurance policy with a Spanish insurance company or a foreign company authorized to operate in Spain.

Additionally there are some anti-avoidance measures that attributes certain assets to the deceased in order to be included in the inheritance calculation.

In general assets are valued at market value.


The tax is calculated by adjusting a basic tax scale of progressive rates with a coefficient that takes into consideration the previous net worth and the age of the beneficiary and the degree of kinship.

To this tax base should apply the reductions and coefficients.

Tax Rates

The Tax Rates for 2002 are as follows:

Tax Base(up to Euros) Tax Payable(Euros) Remaining Tax Base(up to Euros) ApplicableRate (%)
0 7.993,46 7,65
7.999,46 611,5 7.987,45 8,5
15.980,91 1.290,43 7.987,45 9,35
23.968,36 2.037,26 7.987,45 10,2
31.955,81 2.851,98 7.987,45 11,05
39.943,26 3.734,59 7.987,45 11,9
47.930,72 4.685,10 7.987,45 12,75
55.918,17 5.703,50 7.987,45 13,6
63.905,62 6.789,79 7.987,45 14,45
71.893,07 7.943,98 7.987,45 15,3
79.880,52 9.166,06 39.877,15 16,15
119.757,67 15.606,22 39.877,16 18,7
159.634,83 23.063,25 79.754,30 21,25
239.389,13 40.011,04 159.388,41 25,5
398.777,54 80.655,08 398.777,54 29,75
797.555,08 199.291,40 and over 34


Please note that before any tax calculation, it will be extremely important to study the stipulations of the bill if any and the different implications of the Law that rules the procedure.