National or regional law
Per law 21/2001 of 27th December, the collection of the Spanish inheritance tax and the right to produce additional legislation to the national inheritance law in Spain have been transferred to the different Regional Inland Revenue’s.
As per this law, each individual regional Inland Revenue could establish:
- Additional deductions as to those already established by the Spanish national inheritance law;
- Increase or decrease the corresponding inheritance tax scale in Spain;
- Increase or decrease the coefficients applicable to the pre-existing wealth of the heir;
- Deductions or benefits to the Inheritance tax quota;
- Management and collection of the Inheritance tax in Spain.
The multi-lingual registered lawyers, accountants and tax advisers of Arcos & Lamers Asociados, experts on inheritance procedures in Spain and Spanish inheritance tax, conclude:
- In the case the heir is a non-fiscal resident in Spain, the Spanish inheritance tax law applicable would be the Spanish national law.
- In the case the heir is a tax resident in Spain, both national and regional inheritance tax law would be applicable.
The disposition of assets located in Spain by non-resident heirs is not an automatic procedure.
Although your national law is applicable for the distribution of your Spanish assets, from a fiscal/tax point of view, t
Arcos & Lamers Asociados provides legal advice to our clients to grant the Spanish will – the so called open will
Not only for advice upon executing a will before a notary or preparation and signing the deed of acceptance and vesting