Tributacion en herencias
Inheritance taxation Print E-mail

The amount of tax depends on several factors:

a) The value of goods received: the scale and s progressive, ie the percentage you pay is greater, the higher the value of heritage.
b) The relationship with the deceased: the more distant the relationship, the higher the percentage you pay. In addition, depending on the relationship there are certain initial quantities (which are reviewed every year) to pay anything. That is, there is a free allowance depends on the closeness of kinship
c) The previous property from which it inherits, if you have inherited a significant legacy in pre-fixed-Tax Act is more expensive also inherit.
d) There is in addition to paying less inheritance tax, with certain conditions, such as the family business or family housing if the heirs are the spouse and children.

How quickly you have to pay?

You must present the request to pay the tax at the maximum period of 6 months after the death. If that deadline passes, the Treasury collects the surcharge.

The deed of partition is a tax return, in such a way that simply present it at the tax office, without documents. If writing is not, is a private entity that must be present. The Inheritance Tax is not mandatory to make a reverse charge (although it is allowed), ie, only he submits the data, and Treasury calculates and communicates the amount to be paid.

If there are heritage urban property, we must not forget that there will also pay the Tax on the Increase in Value of Urban Land (the "goodwill"), for which City Council will have to go to the place where that the property is located.

 

Inheritance and gift tax in Spain

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The inheritance and gift tax is a direct tax and subjective nature, levied on capital gains obtained for profit (ie, without consideration costly) for individuals, as obtained by legal persons are subject to tax societies.

The law of inheritance and gift tax applies throughout the state, except for Navarra and the Basque Country, who have a more favorable, both with their own rules apply.

There is also the possibility that no provincial regions, in the exercise of the powers conferred by Law 21/2001- change the tax rate, setting the amount of existing assets and multiplying factors, deductions and subsidies and for acquisitions mortis cause, "the reductions in the tax base practices


Developments in Inheritance Tax

The novelty introduced in this tax is the establishment of a fee, with progressive rates depending on the amount of the tax base, replacing the seven existing previously. also establishes minimum purchases exempt "mortis causa" of considerable importance, which are structured in the form of reduced tax base and that are modulated according to the kin groups listed, but when it comes to children younger twenty-one, taking into account the younger age of the purchaser to increase the reduction, concluding that the law must take into account the situations of greater economic distress.

Article 1 of the Law of Inheritance Tax and Gift Tax states that that is "direct and subjective nature, levied on capital gains obtained for profit by individuals, under the terms provided in this Act"

Regarding the territorial scope, Article 2 provides that the levy "will be required throughout the Spanish territory, without prejudice to the provisions of provincial tax systems Concert and Economic Agreement in force in the Basque Provinces and the Community Navarra, respectively, and the provisions of international treaties or agreements that have become part of domestic law. "