In Spain, inheritance tax falls within the competence of the Autonomous Communities. This system results in significant differences depending on the region concerned, both in terms of allowances and tax reductions.
Each Autonomous Community determines:
In many Autonomous Communities, a substantial allowance is granted for close heirs, in particular the surviving spouse and descendants.
Certain regions apply significant tax reductions which may, in practice, lead to very limited or even symbolic taxation.
In some Autonomous Communities, such as the Valencian Community, the combined effect of allowances and reductions explains why the effective tax burden is often low, even where substantial real estate assets are involved.
The tax residence certificate is the official document used to certify that a person is regarded as tax resident in Spain for a given period.
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When a French national dies leaving real estate, heirs or economic interests in Spain, the succession necessarily involves specific procedures with the Spanish authorities.
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Where a couple is married under a community property regime, the classification of an asset as separate or community property may have significant consequences, in particular in the event of succession, separation or patrimonial disputes.
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