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Inheritance Tax in Spain: Rates by Region (2026)

Inheritance tax in Spain is charged under one national law, Ley 29/1987, and Andalucia, Valencia and Murcia each cut the resulting tax quota by 99% for heirs in kinship Groups I and II. This guide sets out the three rules that decide which region's rules apply to an estate, what those three regions each allow, and how the full state calculation works.

Published by Advisors in Spain
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The filing deadline is six months from the date of death

Tell us when the death occurred, which region the Spanish assets sit in and how you were related, and the specialist handling your case files Modelo 650.

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Questions

Common questions

How much inheritance tax will I pay in Spain?
Each heir is assessed separately, so the figure is a per-beneficiary one. It turns on how much you inherit, your kinship group and the comunidad whose rules apply: Andalucia's 1,000,000 euro reduction runs per heir or legatee in Groups I and II, for deaths from 1 January 2022 onward, Valencia's habitual-residence cap of 150,000 euros runs per taxpayer, and the coefficient in article 22 of Ley 29/1987 uses your own pre-existing wealth. The worked example on this page runs the state default scale from the taxable amount to the tax due.
Do I have to pay inheritance tax on my parents' house in Spain?
Spanish inheritance tax reaches an heir who lives outside Spain. The second additional provision of Ley 29/1987 addresses non-resident taxpayers acquiring by inheritance, and it gives them the right to apply the rules of the comunidad holding the greatest value of the Spain-situated assets when the deceased was not resident in Spain. A main-residence reduction can then apply: article 10.Uno.c of Ley 13/1997 cuts the value of the deceased's habitual residence by 95% in Valencia, capped at 150,000 euros for each taxpayer, for a spouse, an ascendant or a descendant, or a collateral relative over 65 who lived with the deceased for the two years before death, and it requires the property to be kept for five years.
How do you avoid inheritance tax in Spain?
You cannot take the estate out of the tax altogether. The available reductions lower the taxable base or cut the quota, and the 99% bonificacion in Andalucia, Valencia and Murcia is scoped to kinship Groups I and II. The region, kinship group and conditions attached to each reduction decide the result.
Is there a tax treaty between Spain and the UK or the US that prevents double taxation on inheritance?
No treaty covers it on either side. The Spain-UK double taxation convention lists the taxes it applies to in article 2, and inheritance, estate and succession taxes appear nowhere in that list. The IRS list of estate and gift tax treaty countries does not include Spain, and the 1990 Spain-US convention covers income tax. A cross-border tax advisor should work the exposure out on the actual estate.
Can you inherit debt as well as assets in Spain?
Spanish law gives an heir three answers, and the choice comes before the estate is taken on. Article 1005 of the Codigo Civil lets any interested party have a notary require the heir to accept purely and simply, to accept a beneficio de inventario, or to repudiate the inheritance, within 30 calendar days, and silence across those 30 days counts as pure and simple acceptance. The estate's charges, debts and deductible expenses are declared with the return under article 66 of the Reglamento del ISD. A solicitor should establish what the estate owes before any acceptance is signed.
Do stepchildren or unmarried partners get the same allowances as spouses and children?
Not automatically. Article 20.2.a of Ley 29/1987 places descendants by affinity, which is where a stepchild who has not been adopted sits, in Group III with siblings, aunts, uncles, nephews and nieces, and it allows Group IV no reduction at all. A registered civil partner is not named in that national article, and each comunidad regulates the point separately: Andalucia equates a partnership registered in its own Registro de Parejas de Hecho, or in an equivalent register elsewhere, to a marriage under article 26 of Ley 5/2021. That Andalusian equiparacion does not extend to a stepchild who has not been adopted.
Is the tax based on where the deceased lived or where the heir lives?
It depends on whether the deceased was resident in Spain, and there are three rules. Article 32.2.a of Ley 22/2009 points to the comunidad where the deceased had their habitual residence at the date of death, for a deceased person who was resident in Spain. The second additional provision of Ley 29/1987 lets the heirs apply the rules of the comunidad holding the greatest value of the Spain-situated assets when the deceased was not resident. Each taxpayer applies the rules of the comunidad where that taxpayer lives when the deceased was not resident and left no Spain-situated assets.
Does Brexit change inheritance tax for British heirs?
The right to use a comunidad's own rules turns on residence and carries no nationality condition. The second additional provision of Ley 29/1987 gives that right to non-resident taxpayers and names no nationality or EU-membership requirement. The right came from a Court of Justice of the European Union ruling in 2014 and from Ley 26/2014, which took effect in 2015.
How is inherited property in Spain valued for tax purposes?
Article 66 of the Reglamento del ISD requires the return to carry a detailed list of the assets and rights acquired with their value, and documentary justification of the deceased's own title of acquisition for any real property in the estate. Obtain a case-specific valuation before the return goes in.
Do I need a Spanish will to reduce inheritance tax?
A Spanish will does not lower the tax by itself. The choice of law a will can carry runs under EU Regulation 650/2012, and article 1(1) of that Regulation puts revenue matters outside its scope, so the election does not reach the tax at all. UK government guidance for British nationals in Spain still recommends making a Spanish will, and says you must state clearly in it whether you want Spanish or UK inheritance law to apply. Whether you need a Spanish will covers that decision.
What happens to US heirs of a Spanish estate?
The US filing turns on the deceased's own US tax position. An estate must file Form 706-NA where the date-of-death value of a nonresident non-citizen decedent's US-situated assets, together with the gift tax specific exemption and adjusted taxable gifts, exceeds the 60,000 dollar threshold, and the IRS sets that filing 9 months after the date of death, unless an extension of time to file is granted. A US heir who inherits only Spanish assets from a Spanish decedent does not trigger it. The IRS transfer certificate process governs the release of a nonresident decedent's US-situated assets, and the US paperwork guide carries that detail.

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