First of all, according to the Spanish tax office, it is necessary to pay the inheritance tax (Impuesto de sucesiones de no residentes) on the property located in Spain.
In the specific case, I have studied the inheritance tax paid by a Belgian citizen how had a property located in Spain. Anyway, the steps explained below may be useful for other European countries.
Once the tax is paid, and in order to avoid double taxation, you must inform the Belgium tax office of the payment you have made in Spain so you can deduct it in Belgium. (There is no bilateral agreement between Belgium and Spain for the inheritance tax so that the Belgian Law will be applied).
Here, I explain the steps to take in order to settle the inheritance tax in Spain:
1st.- Get the NIE (Numero de identidad de extranjero). To get it, it is necessary to fill in the following form http://www.interior.gob.es/file/58/58421/58421.pdf.
2nd– Once you have got your NIE, fill out the form 030 in order to be registered in the tax office. Here is the form:
After that step, you will get your identification labels. These are necessary to fill out the next form (Self- Assessment form 652).
3rd.- Fill in the form 652. In the link below you will find the English Information note on Estate Duty for non-residents (where to pay, documentation to present and so on…)
*All the documents must be translated (sworn translation) and with the Apostille of the Hague accords.
BESIDES THE ABOVE (Also to present):
– Land registry report (NOTA SIMPLE INFORMATIVA)
– Passport copy of the testator
– Copy of the last receipt of the Impuesto bienes Inmuebles.
HOW TO CALCULATE THE INHERITANCE TAX?
– The base for the calculation is the real value of the property in Spain.
I will use an example of a European citizen how has a property in Alicante.
To know the value considered reasonable in Alicante, this website may help: http://csi.ha.gva.es/kiosko/valor_bien_urbano.principal?el_idioma=CAST
Every region in Spain has there own webside where you can check the value considered reasonable by the Tax Autorities. I recommend you to use these values in order to avoid a possible inspection.
Once you know the real value, you must check the applicable reductions. In the concrete case that I studied, it applied to the reduction of the second group (Grupo II.)
GRUPO II: Adquisiciones por descendientes y adoptados de veintiuno o más años, cónyuge (wife or husband), ascendientes y adoptantes: 15.956,87 euros.
So, the tax base it is the real value of the inheritance located in Spain minus the reduction you can apply (15.956,87 €).
– The tax rate is calculated using the following table:
Hasta eurosCuota íntegra–
EurosResto base liquidable–
Hasta eurosTipo aplicable–
Porcentaje0,00 7.993,467,657.993,46611,507.987,458,5015.980,911.290,437.987,459,3523.968,362.037,267.987,4510,2031.955,812.851,987.987,4511,0539.943,263.734,597.987,4511,9047.930,724.685,107.987,4512,7555.918,175.703,507.987,4513,6063.905,626.789,797.987,4514,4571.893,077.943,987.987,4515,3079.880,529.166,0639.877,1516,15119.757,6715.606,2239.877,1618,70159.634,8323.063,2579.754,3021,25239.389,1340.011,04159.388,4125,50398.777,5480.655,08398.777,5429,75797.555,08199.291,40en adelante34,00
The non-resident taxpayers must authorize a fiscal representative in Spain.
You can find the Representation form in the link below:
For more info, you can contact me Raquelfranco@icabjerez.es.