Last updated on April 24th, 2020 at 03:22 pm.
Confusion about Spanish inheritance tax is rife on expat forums and on social media. This is because inheritance tax calculations are based on numerous factors. Often, these variables are complex to determine, thus producing conflicting calculations.
Furthermore, each autonomous region in Spain has different legislation in regard to inheritance, which creates important differences depending on where you live. To further compound the issue, the subject has been a recurring theme in the news, creating further uncertainty and indecision. Subsequently, many homeowners have consulted an online Spanish inheritance tax calculator to get a definitive result. However, this can be misleading – especially as this legislation is subject to numerous changes.
Recent inheritance legislation in Spanish
Spanish inheritance tax law can be tricky to navigate as the legislation has been subject to numerous changes of late. For example, in 2015, a new law came into force, which was adopted due to a decision made in the European Court. This law stipulates that all EU citizens can choose to be taxed in the same way as a resident in Spain, according to regional rules. Although there might still be differences across regions, it brought Spanish inheritance tax for non-residents in line with residents in each region.
Now, both residents and non-residents pay the same rate of tax, eliminating any kind of discrimination. As such, the message is clear for those receiving inheritance or a donation from a bereavement from 2015 onwards. Whether or not you are registered as a resident in Spain, everyone is subject to the same inheritance tax laws. Although this may simplify things if you use a Spanish inheritance tax calculator, you should still proceed with caution, as different region’s rules complicate things.
Furthermore, it’s likely that if you received an inheritance prior to this legislation, you may wonder if you’re entitled to a tax refund. Thus, what should you do if you inherited or received a donation prior to January 2015? Is it possible to claim back the additional money you paid? Previously, it was possible to obtain a tax refund. Unfortunately, this opportunity was subject to a time restriction. Now, there is no possibility to claim back any inheritance or donation tax paid prior to January 2015 as the time limit has expired.
Be cautious when consulting Spanish inheritance tax calculator
Remember, an online Spanish inheritance calculator can be inaccurate. In light of the complexity of the subject, it is likely that the calculation result will be incorrect as many of these online tools are unable to factor in complicated variables that arise as a result of regional rules and personal circumstances. To be confident about your inheritance tax calculations, consult with an experienced tax professional. After all, over the past few years, changes inheritance tax laws have tended to benefit the inheritor. Therefore, in many cases, the size of your inheritance tax bill is unlikely to be anything to worry about. However, consulting with a legal expert will ensure you are prepared and compliant. If you have further questions, would like more information or a call back, don’t hesitate to get in touch.