Legal & Tax · 10 min
Spanish Inheritance Tax for Non-Residents: What Property Owners Must Know
2 June 2026 · Hansson & Hertzell
Inheriting a Spanish property can come with a significant tax bill. A 2015 EU ruling changed everything for non-residents — but planning ahead is still essential.
# Spanish Inheritance Tax for Non-Residents: What Property Owners Must Know
Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones, ISD) is one of the most misunderstood areas of Spanish property ownership. For many years, non-residents were taxed at punitive national rates while Spanish residents benefited from generous regional reductions. A landmark EU Court of Justice ruling in 2014 changed that — but the tax remains complex and planning ahead is strongly advisable.
The 2014 EU Ruling: A Game Changer
Before September 2014, non-EU non-residents paid inheritance tax at national rates, which were significantly higher than the rates applied by most autonomous communities to their residents. The EU Court of Justice ruled this discriminatory, and Spain responded by amending its law: from that point, EU and EEA non-residents can choose to apply the inheritance tax rules of the autonomous community where the property is located.
For property on the Costa Blanca, this means the rules of the Valencian Community apply — which are considerably more favourable than the national baseline, particularly for close family.
How Much Is the Tax?
The Valencian Community applies a 75 % reduction on the tax payable for the closest relatives (Group I and II: spouses, children, parents). This means you pay only 25 % of the calculated tax.
The tax base (before reductions) is calculated on the market value of the inherited assets at the date of death. A progressive rate scale applies, ranging from 7.65 % to 34 % depending on the value.
Example: A property worth €250,000 inherited by a child. The nominal tax might be approximately €20,000. After the 75 % reduction, the effective tax is around €5,000. Still meaningful, but far below what the old national rates would have produced.
For more distant relatives (siblings, nephews, cousins) or unrelated inheritors, the tax can be very substantial — potentially 30–40 % or more of the property value.
Who Pays and When?
In Spain, the inheritor (not the estate) pays the inheritance tax. The tax must be declared and paid within six months of the date of death. Extensions of six months are available if applied for within the first five months.
Failure to declare and pay on time results in surcharges of 5–15 % plus interest. The administration also has four years to review any declaration and raise additional assessments.
The Importance of a Spanish Will
Every property owner in Spain should have a Spanish will (testamento ante notario español), in addition to any will in their home country. A Spanish will:
- Dramatically simplifies and accelerates the inheritance process
- Avoids costly complications of having foreign wills translated and apostilled
- Allows you to specifically address the Spanish property
Since the EU Succession Regulation (Brussels IV, 2015), EU citizens can elect that the succession to their entire estate — including Spanish property — be governed by the law of their nationality or habitual residence. Include this election explicitly in your will if you want your home country's succession law to apply.
The Inheritance Process
When someone dies owning Spanish property, the inheritance process involves:
- Obtaining the death certificate
- Requesting the Certificate of Last Wills (Certificado de Últimas Voluntades) from the Spanish Ministry of Justice
- Obtaining a copy of the Spanish will (if one exists)
- If no Spanish will: establishing succession rights under the applicable law
- Drafting a Deed of Acceptance of Inheritance before a Spanish notary
- Paying the ISD (inheritance tax) to the Valencian Community treasury
- Registering the change of ownership at the Land Registry
The entire process typically takes 6–18 months, depending on complexity and whether all heirs agree.
Planning Opportunities
For property owners: Having a valid Spanish will is the single most important step. Consider reviewing the ownership structure of your Spanish property (sole ownership, joint ownership with spouse, etc.) with a Spanish tax lawyer — different structures produce different inheritance tax outcomes.
For inheritors: The ISD must be paid within six months, even if you need to sell the property to fund it. In practice, the administration can grant payment in installments (aplazamiento) for inheritors who demonstrate financial hardship.
Lifetime gifts: Gifting the property during your lifetime triggers the same ISD — gifts are taxed at similar rates to inheritances. However, the timing and structure of gifts can sometimes be more tax-efficient.
