In Spain, before inheriting the assets of the deceased, the heirs must pay the Inheritance Tax to the Spanish Tax Office. When real estate is part of the inheritance, the heirs must also pay the Plusvalía Tax. In this week’s article we discuss the inheritance tax statute of limitations in Spain. That is, the deadline after which authorities cannot demand payment for both these taxes to the heirs.
Inheritance Tax in Spain. Valencian Community.
Inheritance Tax in Spain is a personal and progressive tax payable by the deceased’s heirs. The amount payable varies depending on the value of the estate and the kinship relationship between the deceased and the heirs. In the Valencian Community, since May 28th, 2023, the ITH is payable between close relatives (parents, children, grandparents, grandchildren, spouses, etc.) is practically non-existent. As there is a 99% tax rebate. In practice, this means that hardly any tax is paid. However, for deaths occurred prior to that date, the previous law -which was not as beneficial for the taxpayer- will apply.
Deadline for paying Inheritance Tax.
In Spain, the deadline for paying the inheritance tax is 6 months from the date of death. An extension of an additional 6 months can be requested, but late payment interest will be incurred. If the tax is not paid within the established period, surcharges for late filing apply, increasing with the delay.
Statute of Limitations period for Inheritance Tax in Spain.
The inheritance tax statute of limitations in Spain is set in 4 years. It is counted from the day after the deadline for submitting the declaration. That is, 4 years and 6 months from the date of death. This is regulated in the Spanish General Taxation Law. However, there are exceptions: that the corresponding Tax Agency (state or regional) has initiated an audit, inspection, or collection action. If the heir has been notified, or if he/she performs any act implying acknowledgment of the debt, this period would be interrupted.
Plusvalía Tax payable when inheriting real estate. Does it also expire?
The Plusvalía Tax is a tax that must be paid by heirs of real estate properties in Spain. This tax levies the increase in the value of urban land over time. It can be calculated in two ways. There is an objective method that uses the cadastral value of the land and the years of ownership. But there is also the so-called “real method”, which is based on acquisition and transmission values. It must also be paid within 6 months following the death. Either to the Town Hall or its delegated entities (in Alicante, SUMA).
As with the statute of limitations for inheritance tax, the obligation to pay this tax can also expire. The statute of limitations period is the same: 4 years and 6 months. This means that after this time, if the period has not been interrupted, you cannot be requested to pay the debt.
Conclusions.
At White-Baos, we are experts in inheritance law and real estate law. Do not hesitate to contact us for assistance with the legal proceedings, tax settlement, possible inheritance tax statute of limitations, Plusvalía tax, etc. We will study your case and offer expert legal advice on the matter.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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