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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 Mingallon

Sergi Mingallon

Tax and accounting specialist
Carla Sanchez

Carla Sanchez

Tax Accountant

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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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.
Sharon English
Sharon English
09:40 27 Jul 22
I contracted them to prepare and file my tax return for Spain and paid for that service in advance. Six weeks later, two days before the return was due, and only because I asked for the status, they told me they didn't have the manpower to do my return. I have been trying for the last month to have my money returned and have still not received the refund. At first they told me they would be issuing the payment, but the most recent inquiry has gone unanswered.
Stephen Lisner
Stephen Lisner
09:10 23 Jul 22
ZERO ACCOUNTABILITY - FROM THE TOP DOWNLexidy prepared my taxes for the past two years.Earlier this year, Spanish authorities questioned my 2020 return: their Tax Specialist prepared a response. When I emailed him a subsequent notification, I learned his paternity leave began unexpectedly.With only one staff member out, this “boutique firm” revealed itself - not with care or quality service.The tax specialist’s stand-in, a trainee, ignored two emails requesting help. After four-days, I contacted Managing Director, Joanna Mello. When she did not respond after two more days, I contacted CEO Federico Richardson Alborná. His assurance that the matter would be addressed at the “earliest” was filled by another three days of silence.Contacting him again, using “reply all” activated the accounting manager. He informed me the office was understaffed and suggested I handle the matter on my own.  I replied (with copy to the ever mute CEO), suggesting he speak with his boss about customer service and reliability.The accountant summarily filed some documents, but failed to make good on his promise to phone the authorities. Silence from the CEO: no apology for his staff’s conduct.Another demand has arrived. The tax expert remains on leave. Calls to the Boutique’s CEO Phone go unanswered. Sr. Richardson’s silence could not indicate more clearly the unimportance of service or concern about the reliability of the firm’s work.Run, don’t walk, from Lexidy.
Kohei Okusa
Kohei Okusa
13:20 28 Jun 22
Really disappointed with their service. Very limited level of proactiveness. I’ve never been provided explanation on what documents mean nor given proactive advice on how to best reduce tax etc. to make the experience even worse, I have been ignored my emails regarding the annual tax return (declaración) and do not have access to my Libros de Registro.
Sarah Bevin
Sarah Bevin
21:11 15 Jun 22
Avoid the tax department unless you want to be misinformed, and potentially end up paying more taxes than necessary.
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!
Sarah Taylor
Sarah Taylor
11:03 31 Mar 22
Lexidy did an amazing job setting up our company in Spain, which was a complicated and lengthy affair which they handled with patience and professionalism. Their ongoing tax, accounting and payroll services have been greatly appreciated. Friendly and professional team with perfect English. Highly recommended!
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