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Inheritance, Gifts and Property Transfer Tax

These three different taxes are levied on the change of ownership of a good, so it is important to be aware of them even if you are not a tax resident in Spain.

What do these taxes levy?

Inheritance tax will be levied on those assets that are inherited. The tax rate at which they will be taxed varies depending on where you inherit the goods, who you inherit the goods from, what type of goods you inherit and whether or not you are a tax resident in Spain.

The gift tax will be levied on the change of ownership of goods free of charge. The tax rate at which they will be taxed will depend on

The tax on honorary transfer of goods will be levied on the sale of real estate or movable goods between individuals, as a general rule.

How can a lawyer help me?

As can be seen in the previous section, these taxes depend on many factors, so it is very important to contact an expert to know exactly how to proceed for the correct payment of taxes and thus avoid penalties from the tax authority.

On the other hand, a lawyer will also be able to tell you how to proceed in the most fiscally beneficial way within the legality to save you money.

 

¨We will be with you each step of your journey.¨

– Immigration Team

What are the deadlines for filing taxes?

For inheritance tax, there will be 6 months from the time of death of the owner of the assets to be inherited.

For gift tax, there will be one month from the moment the inherited assets are received.

For the tax on the transfer tax, there will be a period of 30 working days to file the tax from the moment in which the sale or the situation that generates the payment of the tax takes place.

Find your Tax Lawyer

Sergi M

Sergi Mingallon

Tax and accounting specialist
Maria Grima

Maria Grima

Tax Specialist
Sara Rinaldi from Lexidy

Sara Rinaldi

Tax Advisor
Albert Pujol

Albert Pujol Pinto

Tax and Accounting Specialist

Frequently Asked Questions

Yes, if the apartment is located in Spain you will have to pay taxes even if you are not a tax resident in Spain. In case the apartment was donated, as it is located in Spain, you will also have to pay taxes in Spain.

Yes, there are quite a few exemptions but they vary greatly depending on the type of good you are inheriting, your personal situation (your net worth) and the region of Spain you are in.

The person acquiring the apartment will be responsible for filing and paying the transfer tax. The tax rate will vary depending on where the property is located but will be around 7%.

These types of donations have an exemption but, once again, it will depend on personal situations. In Catalonia this exemption can be applied provided that you are under 36 years old, that in your last income tax return you have declared an income of less than €36,000 and the maximum exemption percentage will be €60,000.

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Jonathan Elron
Jonathan Elron
07:37 13 Aug 23
A great law firm that covers anything an expat might need. I needed help with real estate initially, and they also helped me with immigration, taxes, and corporate legal matters. Fantastic people to work with. Alejandro from their real estate and immigration department is my main contact and he is an absolute pleasure to work with. Highly recommended!
Blake Yu
Blake Yu
12:13 30 May 23
I'm an expat / tech worker from the US and have been in contact Lexidy since I moved to Barcelona roughly a year ago and have to say it's been very convenient having help centralized across tax, immigration, and labor. Want to give a shout out to Monica Lopez, Gabriela Baly, Sara Rinaldi & Sara Fraile for all being very professional / supporting me as things have come up!I've already referred a few friends in that are interested in moving to spain on nomad visas. Gracias por todo!
Andy Kreek
Andy Kreek
10:14 07 Feb 23
I've worked with Lexidy with various tax and immigration related inquiries, which they have handled well.However, I did have a negative experience regarding obtaining a digital certificate. I engaged Lexidy to obtain a digital certificate, for which they charged 250EUR. As it turns out, the certificate was valid for just one year, which they did not inform me of when they delivered it to me.After I discovered it had expired, I wrote to Lexidy expressing my surprise, but I never received any reply.I then proceeded to follow the process myself to obtain a new digital certificate per the website of the Fabrica Nacional de Mondeda y Timbre to obtain a digital certificate. The process is, in fact, free and (if you speak Spanish) only marginally more complex on my end than engaging Lexidy.On top of it all, the digital certificate I received from the FMNT is valid for 3 years, not 1.
Ethan Keeney
Ethan Keeney
17:09 02 Dec 22
Sara has been a great help to me in my application for the Beckham tax.
Josh Pudner
Josh Pudner
12:15 24 Aug 22
We use Lexidy for our payroll and accounting services in Spain, and they have provided great service to us for 3 years. They always respond on time, are proactive, and accurate with their work. I would recommend using them. Our contact Isabel Sanchez is great to work with.
Declan Ryan
Declan Ryan
20:48 01 Jun 22
The Lexidy team is uniquely positioned to provide pan-European business and tax advisory services; what would be complex or impossible for a country-specific advisor is straightforward for Lexidy. They answered in days what would take weeks for other firms.
Mike Leon Widiner
Mike Leon Widiner
09:57 01 Jun 22
Excellent customer service by Jose García
Pit Rissiek
Pit Rissiek
09:37 19 May 22
Absolutely Professional and worth-it Experience!I can highly recommend working with Carlota Llopart and Lexidy! Carlota and the team have gone beyond my expectations when it comes to owning and actually even driving the steps for my mortgage, the purchase of my flat as well as taxes filed. I have had an extremely difficult seller, but I was able to fully trust the team to guide me through this first acquisition.I have already recommended Lexidy to friends who had similar positives experiences and will continue working with Carlota and the team. Side note, me being German: Great value for money too!
Nadina Jitaru
Nadina Jitaru
13:40 29 Apr 22
We've been working with Lexidy for years and they are professionals in all payroll and tax related matters. The team provides efficient and exemplary services, we've been working closely with Isabel on a daily basis and her continous support is greatly appreciated. If you are in need of lawyers or accountants, Lexidy Boutique is a great choice.
Rick Kleinhans
Rick Kleinhans
13:03 27 Apr 22
Lexidy has been a lifesaver. The entire team has helped us so much on different matters both personal and corporate. Isabel in correcting an error by a previous accountant that was costing us an extra €1000 every month in social security payments! Jose with various matters and tax advice. Diego in helping us get documents notarized in Valencia even though he is based in Madrid. I cannot recommend them enough!
adela
adela
10:39 26 Apr 22
Professional and very efficient. Excellent service and very easy to communicate with. I have been in contact with Jose Garcia, he helped me solve all my tax related doubts. Very much recommended!
Tanja C
Tanja C
01:36 24 Mar 22
I highly recommend Jose G. if you ever need any expertise in the field of tax payments (whether you are in Spain or you return back to your home country).Everything was handled fast, professionally and efficiently.
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