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Inheritance Tax in Catalunya – A Guide

Inheritance tax in Catalunya is calculated using the same basic principles as the national system in Spain. As in the national system, the taxable entity is the person RECEIVING the bequest, not the person who has passed away. However, the allowances (deductions) and rates of tax are different in the Automonous Community Catalunya from the national rate. The law that sets these rates and allowances is Catalunya Ley19/2010 which was amended in February 2014.

If you are resident in Catalunya these are the rules that will apply. Here we have produced a guide to Catalan Inheritance Tax. The most important deductions available are as follows:

Personal Deductions
The starting point in making the calculation is to work out which Group the person receiving the inheritance belongs to as follows:

Group I Children, including adopted children, under the age of 21
Group II Children over 21, spouses, parents and grandchildren
Group III Close relatives such as brothers and sisters, aunts and uncles
Group IV More distant relatives or unrelated

Allowances/deductions available in Catalunya are:

Group I
Deduction of €100,000 plus €12,000 for each year under 21 years of age up to €196,000

Group II
Spouse: €100,000; Child: €100,000; Other Descendants: €50,000; Parents: €30,000

Group III
€8,000

Group IV
No deductions available

Disabled Heir
In addition to any personal deductions applicable a beneficiary who is disabled may add an additional €275,000 deduction if the disability is determined to be greater than 33% or €650,000 where it is greater than 65% disability

Heir over 75 years old
A deduction of €275,000 may be applied where the heir is over 75 years of age who is a beneficiary within Group II though this deduction is applied instead of the other allowances.

Inheritance of the Family Home
Where a property inherited is the main family home then a reduction amounting to 95% of the value of the property up to €500,000 may be made where the beneficiaries are the spouse, child or parent of the deceased as well as collateral relatives, older than 65, that lived with the deceased during the 2 years previous to the decease . The property may not be sold for a period of 5 years if the reduction is claimed.

Allowances available for the Inheritance of the Family Business
A tax deduction of 95% of the value of the interest held by the deceased in the business This applies to all beneficiaries who were related to the deceased to the third level of blood relative and persons in the employ of the business for at least 10 years.

Allowances available for income from Life Insurance Policies
A deduction of 100% is applicable on any income from a life insurance policy held by the deceased up to a maximum of €25,000 where the beneficiary is the spouse, descendant or parent of the deceased.

Inheritance Tax Rates in Catalunya:
Once all deductions have been applied the final amount of tax payable is determined then it is necessary to apply the relevant rate:

Taxable Sum Tax Payable on this Sum Any Reminder up to Applicable Rate on Remainder %
0 0 50,000 7%
50,000 3,500 150,000 11%
150,000 14,500 400,000 17%
400,000 57,000 800,000 24%
800,000 153,000 Above 800,000 32%

Existing Wealth:
Once the relevant tax has been calculated the result is multiplied by a coefficient determined by the existing wealth of the beneficiary as well as the group to which they belong:

I & II – 1
III – 1.5882
IV – 2

As a reminder the Groups referred to consist of the following beneficiaries:
Group I Children, including adopted children, under the age of 21
Group II All other descendants, spouses, parents and grandchildren
Group III Close relatives such as brothers and sisters, aunts and uncles
Group IV Distant relatives and unrelated

Special Deductions – Spouse
After applying the tax rates and coefficients above a discount of 99% shall be applied to any tax payable.

Special Deductions – Other Relatives Groups I & II
For Group I & II beneficiaries, apart from the spouse, the following discounts may be applied to the calculated amount of tax due, depending on the amount inherited:

Amount of bequests in Euros % Amount of discount to be applied
100,000 99
200,000 98
300,000 97
500,000 94.20
750,000 89.47
1,000,000 84.60
1,500,000 76.40
2,000,000 69.80
2,500,000 63.84
3,000,000 57.37
Element above 3,000,000 20%

Special Deductions – Other Relatives Groups I & II
The discount shall be reduced by 50% should the beneficiary apply any of the following deductions:

  • Family Business
  • Any other deduction to the amount of tax payable except the deduction applicable to the family home.

Many expats pay more tax on their inheritance than they should because they fail to follow some simple rules.
To discuss how to pay only the appropriate amount, please click the button below to get in touch with us.

This information is intended as a guide only. It is based on the current legislation for Inheritance tax in Catalunya as at August 2017. A suitable qualified tax lawyer should always be used to calculate a specific liability. If you require the assistance of a tax lawyer please contact barry.davys@spectrum-ifa.com who will introduce you to an appropriate lawyer. Please also note that this guide does not apply to Gifts (donaciónes) which have their own rules.

 

 

 

 

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