Dealing with Spanish inheritance tax can be overwhelming for many. To add to the complexity, many regional variations profoundly affect the amount of tax you may have to pay.
Want to hear what other clients
are saying about us?
1. Inheritance Law in Mallorca
Like other autonomous regions in Spain, the Balearic Islands have their own regulations regarding inheritance and gift tax. These rules apply equally to residents and non-residents who are EU citizens, following the European Court of Justice ruling and subsequent Spanish legislation.
2. Tax Exemptions and Deductions in Mallorca
The regional level exemptions available in Mallorca were brought into force by the Parliament of the Balearic Islands and in their current form are laid-out in Decree Law 1/2014, as modified by Law 11/2023.
3. Personal Deductions - What are Groups?
Spanish Inheritance law first assigns beneficiaries to groups according to the degree of kinship with the deceased:
- Group I: Children, including adopted children, under the age of 21
- Group II: All other descendants, spouses and parents
- Group III: Close relatives such as brothers and sisters, grandparents, aunts and uncles
- Group IV: More distant relatives
4. Personal Deductions by Group
The following are the additional deductions available in Mallorca:
- Group I: €25,000, plus €6,250 for each year under 21, with a maximum limit of €50,000
- Group II: €25,000
- Group III: €8,000
- Group IV: €1,000
Note, when we speak of deductions, we mean that the amount you would be taxed on is deducted by a set percentage before applying the rate of tax. So, if you have inherited €100,000 and are entitled to a deduction of 95%, this means you will pay tax at whatever rate is appropriate to you - on €5,000 only.
On the other hand, when we speak of rebates, this is applied to the amount of tax you have to pay. So, if after applying any deductions you have to pay €1000 in inheritance tax, and you are entitled to a rebate of 99%, this would mean you would only have to pay €10.
5. Inheritance Tax Rates in Mallorca
| Base up to € | Base Tax € | Remaining Base up to € | Marginal Rate % |
| 0 | 0 | 8,000 | 7.65 |
| 8,000 | 612 | 8,000 | 8.50 |
| 16,000 | 1,292 | 8,000 | 9.35 |
| 24,000 | 2,040 | 8,000 | 10.20 |
| 32,000 | 2,856 | 8,000 | 11.05 |
| 40,000 | 3,740 | 8,000 | 11.90 |
| 48,000 | 4,692 | 8,000 | 12.75 |
| 56,000 | 5,712 | 8,000 | 13.60 |
| 64,000 | 6,800 | 8,000 | 14.45 |
| 72,000 | 7,956 | 8,000 | 15.30 |
| 80,000 | 9,180 | 40,000 | 16.15 |
| 120,000 | 15,640 | 40,000 | 18.70 |
| 160,000 | 23,120 | 80,000 | 21.25 |
| 240,000 | 40,120 | 160,000 | 25.50 |
| 400,000 | 80,920 | 400,000 | 29.75 |
| 800,000 | 199,920 | and above | 34.00 |
As an example, an inheritance of €20,000 (after all other deductions applied) would attract inheritance tax of €1,292 (tax applicable up to €16,000) + €4000 @ 9.35% = €1,666.
6. Special Tax Rates for Groups I & II
For children under the age of 21 and other children, spouse and parents of the deceased, the following rates apply:
| Base up to € | Base Tax € | Remaining Base up to € | Marginal Rate % |
| 0 | 0 | 700,000 | 1 |
| 700,000 | 7,000 | 300,000 | 8 |
| 1,000,000 | 31,000 | 1,000,000 | 11 |
| 2,000,000 | 141,000 | 1,000,000 | 15 |
| 3,000,000 | 291,000 | and above | 20 |
7. Existing Wealth Multipliers in Mallorca
In Spain, inheritance tax accrues to the individual beneficiary, and as a result, in order to calculate the inheritance tax payable, it is necessary to take into account the both the existing personal wealth of the beneficiary and the group of beneficiaries (as defined above) that they belong to. In Mallorca, the coefficients are as follows.
| Pre-existing Wealth € | Groups I & II | Group III (2nd & 3rd degree collateral by blood or affinity) | Group III (2nd & 3rd degree collateral by affinity) | Group IV |
| 0 to 400,000 | 1.0000 | 1.2706 | 1.6575 | 1.7000 |
| 400,000 to 2,000,000 | 1.0500 | 1.3341 | 1.7000 | 1.7850 |
| 2,000,000 to 4,000,000 | 1.1000 | 1.3977 | 1.7850 | 1.8700 |
| More than 4,000,000 | 1.2000 | 1.5247 | 1.9550 | 2.0400 |
To take the previous example of an inheritance of €20,000, if the beneficiary is the sibling of the deceased, with existing wealth (including all assets) of €1,000,000, then as a sibling they would be in Group 3 and with an existing wealth as stated, a multiplier of 1.3341 would be applied to the inheritance tax payable i.e. €1,666 x 1.3341 = €2,222.61.
Want to hear what other clients
are saying about us?
8. Inheritance Tax Rebates for close Family Members
As a result of Law 11/2023, children of any age, the spouse and the parents who inherit assets in Mallorca shall have a 100% rebate of any inheritance tax payable.
This rebate is reduced to 50% of any tax payable, where the beneficiary is a sibling or nephew/niece, by blood.
The rebate is further reduced to 25%, where the beneficiary is a 2nd or 3rd degree relation by affinity, e.g. the nephew or niece of the deceased's spouse.
When inheriting property in Spain, it's worth carefully considering whether to apply the available inheritance tax reductions normally available to direct family members like parents, children, aunts, and nephews - especially if the inheritance tax amount is relatively modest. Here's why:
If you're a non-resident planning to sell the inherited property at some time in the future, the capital gains tax (fixed at 19% for non-residents) could potentially result in a higher tax burden than what you would have paid in inheritance tax without the reductions.
For example:
Consider a situation where the child of a deceased parent inherits an apartment with a tax reference value of €200,000 (note that this is usually less than the market value). If they apply the 100% inheritance tax reduction on the lowest possible tax reference value, they pay no inheritance tax.
However, if they later sell the property for its real market value of, say, €500,000, an obligation to pay 19% capital gains tax on the €300,000 difference (€57,000) would arise.
On the other hand, if the beneficiary rejected the application of the 100% rebate, thus permitting them to declare a higher value, say the market value of €500,000 at the time of the inheritance, then they would have been liable to pay 1% of €475,000 (taking into account the €25,000 exemption) which is €4,750 - far less than €57,000!
This is particularly relevant for non-resident inheritors who plan to sell the property rather than keep it. We recommend discussing your specific situation with a qualified tax advisor to determine the most advantageous approach for your circumstances.
(Also note that the special rebate available to family members when inheriting the family home of the deceased requires that the beneficiaries maintain ownership of the property for a minimum of 5 years).
9. Deductions for the Disabled
The Balearic Islands offer specific deductions for disabled beneficiaries:
- €48,000 for those with a physical or sensory disability between 33% and 65%
- €300,000 for those with a physical or sensory disability of 65% or more, or a mental disability of 33% or more
10. Inheritance of the Family Home
A 100% reduction applies to the acquisition of the main residence, with a limit of €270,151.20 per beneficiary provided that:
- The beneficiaries are spouse, ascendants, descendants, or relatives over 65 who lived with the deceased for the two years before death
- The property must be maintained for 5 years following the acquisition
- The requirement of cohabitation only applies to collateral relatives over 65 years
11. Business Assets and Professional Activities
There is a 95% reduction applied to the acquisition of an individual business, professional practice, or shares in companies when:
- The exemption requirements of Wealth Tax are met
- Assets must be maintained for 5 years
- Where there are no descendants, ascendants and collateral relatives up to the third degree may apply the reduction
12. Cultural Heritage Assets
- 99% reduction for entities involved in cultural or sports patronage
- 95% reduction for assets of cultural interest acquired by spouse or descendants
13. Vehicle Reductions
- 50% for zero-emission vehicles
- 25% for ECO-classified vehicles
14. Life Insurance Policies
- 100% reduction on amounts received by beneficiaries of life insurance policies, with a limit of €12,000
- This applies when beneficiaries are spouse, ascendants or descendants
- The same deduction applies to amounts received from life insurance that accrues in acts of terrorism and from public services provided in international humanitarian or peace missions
15. Additional Special Features
Double Transmission Reduction: When the same assets are transmitted twice or more within 12 years to descendants, a reduction applies based on the tax paid in previous transmissions.
16. Inheritance of Foreign Assets by Tax Residents of Mallorca
Foreign nationals who are tax resident in the Balearic Islands must comply with Spanish inheritance tax obligations when inheriting assets located abroad. This is particularly important for the significant expatriate population in Mallorca.
When dealing with such inheritances, it's crucial to apply the Balearic Islands' regional deductions rather than the state-level regulations. The difference in tax liability can be substantial, especially when dealing with the inheritance of foreign property. For example, the generous reductions available for main residences under Balearic law could potentially apply to a family home inherited abroad.
For assets located in countries with existing Double Taxation Treaties with Spain (such as France, Sweden, and Greece), special rules apply. These treaties determine which country has primary taxing rights and how double taxation is avoided.
An important administrative requirement is that any inherited foreign assets must be declared on Spain's Form 720 (foreign asset declaration) following the transfer of ownership. This obligation exists independently of any inheritance tax requirements and carries significant penalties for non-compliance.
Given the complexity of cross-border inheritance, professional advice is strongly recommended when dealing with foreign assets, particularly regarding the interaction between Balearic regional deductions and international tax treaties.
17. Processing an inheritance in Mallorca
As a beneficiary of an inheritance in Mallorca, you will need to take some or all of the following steps in order to process an inheritance. Given the complexity and potential taxes and fines if not processed correctly, it is highly advisable to contact a specialist in probate law for assistance:
- Obtain the Death Certificate
- Secure the Certificate of Last Wills
- Locate the Will
- Gather Necessary Documentation
- Obtain the NIE Number for Heirs
- Assess Applicable Inheritance Law
- Prepare the Inheritance Deed
- Pay Inheritance Taxes
- Settle the Plusvalía Tax
- Register the Asset Transfer
18. Gift Tax Planning in Mallorca
Many families with assets in the Balearic Islands consider making lifetime gifts rather than waiting for assets to pass through inheritance, particularly regarding property transfers. This strategy requires careful consideration, as the advantages and disadvantages can vary significantly depending on individual circumstances and the type of assets involved.
Firstly, it should be taken into consideration that gifts in Mallorca are also subject to tax, as follows:
| Base up to € | Base Tax € | Remaining Base up to € | Marginal Rate % |
| 0 | 0 | 200,000 | 5 |
| 200,000 | 10,000 | 600,000 | 7 |
| 600,000 | 38,000 | remainder | 9 |
Tax Payment Requirements:
- Gift tax must be paid within one month of the gift's formalization
- Documentation must be properly registered within this timeframe
Additional Tax Implications: When gifting property in the Balearic Islands, donors and recipients should be aware that Plus Valía tax will also apply. This municipal tax is levied on the increase in value of urban land since the property was last transferred. The calculation varies by municipality:
- Based on the property's catastral value
- Applies local coefficients and rates
- Must be paid at the time of the gift
- Rates vary between Balearic municipalities
Given these multiple tax implications and strict compliance deadlines, professional advice should be sought before proceeding with any significant gifts, particularly those involving real estate. The interaction between gift tax reductions and other local taxes can significantly impact the overall tax efficiency of the transaction.
Want to hear what other clients
are saying about us?
19. Frequently Asked Questions
Does Mallorca have inheritance tax?
Mallorca, part of the Balearic Islands, has effectively eliminated inheritance tax for immediate family members, such as spouses, children, and parents. This reform aligns with changes in other regions of Spain like Andalusia, Murcia, and Madrid. However, inheritance tax may still apply to extended family members and non-relatives, depending on their relationship to the deceased and specific circumstances. It’s advisable to consult a local tax professional for personalized guidance.
How much can you inherit tax free in Spain?
In Spain, beneficiaries of an estate are entitled to a tax-free inheritance allowance, which depends on their relationship to the deceased. These allowances typically range from €7,993 for distant relatives to up to €47,859 for direct descendants under 21. If the inheritance falls within your personal allowance, no tax will be due. Regional variations may apply, so it’s essential to check the rules in the specific autonomous community where the estate is located.
How to avoid paying inheritance tax in Spain?
One way to reduce or avoid inheritance tax in Spain is by gifting assets to your heirs while you are still alive. Spain applies a separate gift tax (Impuesto sobre Donaciones), which can be lower than inheritance tax when planned effectively. Many Spanish regions offer significant exemptions or reductions on gift tax for close family members, making this an attractive option. However, it’s crucial to consider potential implications like capital gains tax and consult a tax expert to ensure the strategy aligns with your financial goals.
