Welex, your law firm and team of economists in Marbella, is pleased to confirm what was already mentioned in our previous article “Blow to the inheritance and donation tax in Andalusia.”
Law 5/2017, of December 5th, approves the general budgets for the Autonomous Community of Andalusia for the 2018 fiscal year. It is worth highlighting an important advance included in the reforms related to the Inheritance and Donations Tax.
According to this law, tax benefits for the inheritance and donation tax in Andalusia are provided to the direct heirs and include:
1) A 99% bonus for the donation of a habitual residence to taxpayers with disabilities
2) An increase in the reduction that relates to the donation of money to relatives by the constitution or extension of an individual company or professional business
Reduction for the spouse and direct relatives on inheritance in Andalusia:
A reduction of up to 1,000,000 euros of the total value of the inheritance, including those of the beneficiaries of life insurance policies, will be applied, liquidating the tax for the excess of said amount, provided that the taxpayers meet the following requirements:
a) Descendants and adopted persons over 21 years or older, spouses, ascendants and adopting parents
b) That the pre-existing assets are equal to or less than 1,000,000 euros.
Reduction of inheritance tax in Andalusia regarding the inheritances for people with disabilities:
In addition to the reductions mentioned in the previous point, if the taxpayer with a disability belongs to Groups III and IV of Article 20.2.a of Law 29/1987, of December 18th, and are -Second and third-degree collaterals (brothers-sisters, nephews-nieces, aunts-uncles) and those not mentioned in Groups I,II, III, friends, or others- a reduction of up to 250,000 euros will also be applied to mortis causa acquisitions, including those of the beneficiaries of life insurance policies, liquidating the tax for the excess of said amount, provided that their pre-existing assets are equal to or less than 1,000 euros.
Reduction for the donation of a habitual residence to descendants with disabilities:
The grantees, who receive full ownership of a home from their ascendants or adopters, may apply for their own reduction of 99% of the amount of the taxable base of the tax, provided that the following requirements are met:
a) That the grantee has the legal status of a person with a disability
b) That the acquired property is used as the habitual residence of the grantee
c) That it is recorded in the public deed in which the donation is formalized that the property is intended to be the habitual residence for the grantee and a commitment not to make an inter vivos transfer in the three years that follow after its acquisition
d) That the pre-existing assets of the recipient are between the totals of 0 and 402,678.11 euros
e) The amount of the reduction may not exceed 180,000 euros
Steps to follow to accept and settle your inheritance in Spain
At Welex, we are at your disposal to make the acceptance of your inheritance in Spain much easier by providing you with the four fundamental services for any successful inheritance acceptance procedure in Spain:
1) We will provide you with a detailed schedule of all the expenses and taxes that will arise from the acceptance of your inheritance in Spain
2) We will collect all of the documents that are necessary for granting your deed, such as the death certificate, the will, the NIE number, the Certification of General Registration of Last Wills, the Certification of life insurances, the Certificate of ownership of the Spanish bank account, and any other assets and rights in Spain
3) We will prepare the deed of Acceptance and Allotment of the inheritance and have you sign it
4) We will oversee the presentation and payment of the corresponding inheritance tax in Spain.
At Welex, we will make sure you have all of your documentation ready in a timely manner to proceed with the acceptance of your inheritance. Working with us allows you to avoid any worries and uneasiness during this challenging time.
We will assist you throughout your procedure, offering you our personal assistance, always trying to resolve your concerns and meet your needs.
Leave the acceptance of your inheritance in our hands; our professionals will walk you through the process clearly and safely.
Do you want more information about the laws regarding inheritance and donations in Spain? Have you inherited a property in Spain and want to know about the inheritance tax? Contact our law firm and economists in Marbella now!