Inheritance in Spain does not only mean receiving assets or money, it also means having to pay inheritance tax. This is the person responsible for taxation Transferring assets after a person’s death. The truth is that the amount to be paid depends on various factors: the value of what was inherited, or the degree of the relationship existing between the heir and the deceased, and others.
What is corporate tax?
he Inheritance tax It occurs when there is a transfer of assets or rights from one person to another due to death and without compensation. This is what we usually know Inheritance. The citizen is obligated to pay this tax when there is a donation among people. It is regulated by Law No. 29 of 1987 and its Regulation No. 1629 of 1991. However, through Law 22/2009 Both performance and regulatory authority were transferred to autonomous communities.
Hence, controversy has arisen in recent years about this tax. And this is it Each region can set its own rewards, discounts, rates and discounts Within limits. For example, taxes are nominal in some societies. This is the case Madrid also AndalusiaWhile in other parts of the country the cost is much higher.
However, when this moment comes, many people wonder if there is any situation in which they can avoid paying inheritance tax. in 20 minutes We talked about this with Isabel Merino By Dibilari Abogados.
Lawyer Isabel Merino responds
The expert realized that the only way to avoid this tax is… “Relinquishment of inheritance”. Merino explained that this tax “aims to impose a tax on the transfer of assets, rights and obligations to the heirs of a deceased person.” However, he cautioned that not all resignations are the same, because “it’s just Anyone who gives up the inheritance purely and simply will be exempt from paying tax.“.
The heir, in the simple and simple renunciation of the inheritance, “does not take anything, but he does not pay the tax,” explained the lawyer from Dipilari Abogados. Furthermore, he stated that “since there is no transfer of assets, in this case, there is no tax to be paid.”
And on the other side there Assignment of inheritance in favor of a third party. “In this case, and as required by Law No. 29 of 1987 issued on December 18 regarding inheritance and gifts tax and civil law, this resignation is understood as “tacit acceptance”“, resulting in two taxable events,” Merino explained. The first is “the implicit acceptance of an inheritance, which will result in the payment of inheritance tax” and the other is the donation of “part of the inheritance to a third party, which will result in the payment of gift tax.”
The lawyer concluded:The waiver must be explicit“Because there is a risk that the heirs will carry out actions that could be understood as tacit acceptance of it.”