Inheritance Tax - ley de sucesiones
Spanish inheritance laws are complicated and if you own property or have other assets in Spain you should take legal advice as to what will happen to the property if you die.
In Spain inheritance tax is paid by the beneficiaries, not by the deceased’s estate. If you are a beneficiary and are resident in Spain you’ll likely pay the tax according to Spanish law. There are reciprocal agreements between Spain and other European countries to ensure you don’t pay tax twice.
If your main residence is not Spain and you are a beneficiary you will still have to pay inheritance tax – it can’t be avoided. Non resident beneficiaries usually need an NIE (número de identidad de extranjero) to allow the inheritance tax to be paid. If you live outside Spain and never visit you will need to take legal advice as to how the tax will be paid.
Inheritance tax should be paid within 6 months of the death of a person if they die in Spain, or within 16 months if they die abroad.
The amount of tax payable will depend on the individual circumstances. The authorities take into account how much the beneficiary has been left, their relationship to the deceased and their own personal wealth. The spouse, direct descendants and close relatives (eg brothers, sisters and parents) will receive a certain allowance before tax is paid.
There are also regional differences in inheritance tax laws.