Inheritance tax in Alicante

Author: Jose S.

Profession: Lawyer

Completed cases: 241

ose is a distinguished lawyer based in Alicante. He specialises in Spanish property and probate law and is particularly experienced in assisting UK and other expats manage inheritance matters relating to their assets in Alicante..

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Author: Jose S.

ose is a distinguished lawyer based in Alicante. He specialises in Spanish property and probate law and is particularly experienced in assisting UK and other expats manage inheritance matters relating to their assets in Alicante..

Speaks languages:

View José's full Bio

Dealing with Spanish inheritance tax in Alicante can be overwhelming for expats. Here we provide you with an overview of the most important aspects of inheritance tax in Alicante, useful for English-speakers who - more and more - area having to deal with this issue, following a huge increase in foreign residents in the area.

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Like other autonomous regions in Spain, the Valencian Community has established its own inheritance and gift tax framework. The regulations, specifically Law 26/2014 and, more recently, law 6/2023 recognize and treat equally registered civil partnerships (parejas de hecho) as married couples, provided they are registered in Valencia's Registry of Civil Partnerships or equivalent registries in other EU member states, EEA countries, or third countries.

Tax Exemptions and Deductions in Alicante

The Alicante tax system offers a comprehensive range of reductions and exemptions designed to minimize the tax burden on inheritors, particularly for close family members and vulnerable groups. These deductions vary significantly based on the relationship to the deceased, the type of assets being inherited, and specific circumstances such as disability or age.

 A notable feature of Alicante's system is its generous treatment of business assets and agricultural properties, with reductions of up to 99% available under certain conditions. 

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

The following are the additional deductions available in Alicante:

• Group I: €100,000, plus €8,000 for each year under 21, with a maximum limit of €156,000
• Group II: €100,000

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. 

As an example, an inheritance of €10,000 (after all other deductions applied) would attract inheritance tax of €611.50 (tax applicable up to €7,993.46) + remainder up to €10,000: €2006.54@ 8.5% = €782.06.

The following are the additional deductions available in Alicante:

• Group I: €100,000, plus €8,000 for each year under 21, with a maximum limit of €156,000
• Group II: €100,000

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 Alicante, the coefficients are as follows.

To take the previous example of an inheritance of €10,000, 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 1.6676 would be applied to the inheritance tax payable i.e.  €782.06 x 1.6676 = €1,304.16.

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In the Alicante Region, there is a 99% rebate on inheritance tax adjudged to be payable by beneficiaries in Groups I and II (children, spouses and parents). This also applies to registered civil partnerships.

A similar 99% rebate applies to beneficiaries with physical or sensory disability of 65% or more, or with psychological disability of 33% or more.

The Balearic Islands offer specific deductions for disabled beneficiaries:

• €120,000 for those with a physical or sensory disability between 33% and 65% 
• €240,000 for those with a physical or sensory disability of 65% or more, or a mental disability of 33% or more

A 95% deduction applies to the acquisition of the main residence, with a limit of €150,000 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

Expert Tip!

Consider Your Tax Rebate Carefully!

Inheriting a family home in Alicante comes with significant tax advantages for direct family members, but there's a potential pitfall that requires careful consideration. While the available tax reductions are generous, applying them without due diligence might not always be the most financially savvy decision, especially for non-resident beneficiaries. 
If you are a non-resident beneficiary planning to sell an inherited property, you will not be entitled to the special rebate for inheritance of the family home unless you maintain ownership for at least 5 years.
That being the case, there is a tendency therefore to declare the lowest possible value to the property since inheritance tax is applied to the amount declared. The lower the declared value, the better, right? Not necessarily!
Example 1: Declare lowest possible property value
If we take the example of a property with a declared value for inheritance tax purposes of €150,000 (but market value of €250,000), the inheritance tax base would be €150,000 - €100,000 (deduction as close family member) and applying the applicable rate, would give an inheritance tax of approx. €4975.
Assuming the property is sold at the market value of €250,000, this would give rise - as a non-resident - to a Capital Gains Tax @ 19% of the ‘increase in value’ of €100,000 i,e, €19,000. So, the total tax payable between inheritance and capital gains would be €23,975.
Example 2: Declare higher property value 
If instead of declaring the value for inheritance purposes at €150,000, a value of €217,000 is declared, the inheritance tax base would be €217,000 - €100,000 (exemption for close family members) = €117,000, giving rise to inheritance tax obligation of €15,300. Upon sale at €250,000, the gain would be only €33,000, giving rise to a capital gains tax of €6,270. So, the total tax payable would be €21,570 - a saving of approx. €2,500!
Bear in mind that these examples do not take into account pre-existing wealth multipliers as well as any deductions related to costs of processing the inheritance.

There is a 90% reduction (where the deceased is between 60-64 years old at the time of death) and 99% reduction (if the deceased was over 65 years old at the time of death) applied to the acquisition of an individual business, professional practice, or shares in companies when:

• The business was the main income of the deceased
• 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

• 95% reduction for entities involved in cultural patronage, where the rights have been ceded for 20 years
• 75% reduction for entities involved in cultural patronage, where the rights have been ceded for 10 years
• 50% reduction for entities involved in cultural patronage, where the rights have been ceded for 5 years

• 100% reduction on amounts received by beneficiaries of life insurance policies, with a limit of €9,195
• 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

Tax residents in the Alicante Region who inherit assets located abroad must navigate both Spanish inheritance tax obligations and international regulations. This is particularly relevant for the substantial international community in areas like the Costa Blanca.

Alicante's generous regional deductions and bonifications can apply to foreign inheritances, potentially reducing the tax burden significantly. However, careful attention must be paid to qualifying conditions, especially regarding business assets and main residences located outside Spain.

Spanish double taxation agreements with certain EU countries may affect how the inheritance is taxed. Additionally, inherited foreign assets must be reported on Form 720 after the transfer of ownership is complete. Given the interplay between Alicante's regional tax benefits and international regulations, seeking professional guidance is essential for cross-border inheritances.

As a beneficiary of an inheritance in Alicante, 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

The Alicante Region offers significant tax advantages for lifetime gifts between close family members, making it an attractive alternative to inheritance in certain circumstances. However, careful planning is essential as the tax implications can vary considerably based on the type of assets and the relationship between donor and recipient.

Firstly, it should be taken into consideration that gifts in Alicante are also subject to tax, as follows:

Key Benefits:

• 99% tax rebate for gifts between parents, children, and spouses
• Additional benefits for gifts of business assets and agricultural properties
• Special provisions for the disabled

Documentation Requirements:

• Gifts must be formalized in public documents i.e. via notary
• For monetary gifts, the origin of funds must be documented
• Tax must be paid within 30 days of the gift date

Local Tax Considerations: As with all Spanish property transfers, municipal Plus Valía tax applies to gifted properties. The tax is calculated based on:

• The property's cadastral value
• Length of ownership
• Local municipal rates
• Must be paid at the time of transfer

Given the complexity of Alicante's gift tax regime and its interaction with other local taxes, professional advice is recommended before proceeding with significant gifts, especially those involving real estate.

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