By Carlos Baos (Lawyer) • 02 February 2023 • 9:20
Image: Vitalii Vodolazskyi/Shutterstock
In today’s article we recap some of the most read articles related to this subject. If you want to check the complete articles, please note that you can do so by visiting our website: https://www.white-baos.com/en/articulos/
Inheritance or gift: which is more tax beneficial? What are the ad-vantages and disadvantages of each option? Legal advice
Although it is not possible to generalise, and it is necessary to study the specific circumstances of each case, inheriting is usually cheaper than receiving a gift or donation. The Region of Spain in which the estate is inherited, the number and value of assets, the relationship between the parties… All these elements have a tremendous influence in the amount of taxes that will be paid. Acceptance of the inheritance by the heir in Spain. Consequences. Legal advice.
The heir who accepts an inheritance, will respond even with his own wealth and assets, for the debts of the deceased. This happens when the inheritance is accepted without fur-ther condition. What is known as pure and simple acceptance. However, the heir will not respond with his own assets if he accepts the inheritance as the benefit of inventory. Reference value and its new regulation. Legal Regulations. Its importance in Spain with the transaction with real estate assets: inheritances, pur-chases, etc
When signing an inheritance deed in Spain you will have to make an inventory and valuation of the assets of the deceased. You will need to state the current value of the property. This is a statement to be made by you, you do not need to justify it with a valuation. However, please note that this value cannot be lower than the Reference Value determined by the General Directorate of Cadastre. We analyse the main Inheritance Tax Reductions in the Community of Valencia. Expert legal advice.
Law 13/1997 of 23 December 1997 is responsible for regulating the rules applicable to inheritance tax in the region of Valencia. Among the most important reductions that, depending on the case, the heirs can apply, are the following: Reduction of 100.000€ for degree of kinship (applicable to children, the spouse, parents, etc.) Reduction for disability, for people with some type of physical or sensory disability (from €120,000 to 240. 000€). Reduction of 95 per cent of the value of the habitual residence of the deceased, with a limit of €150,000, if certain conditions are met. Etc.
At White Baos Lawyers we are experts in Inheritance Law. If you have any questions regarding the issues addressed in this article, you wish to plan your inheritance, or wish to grant a will in Spain, please do not hesitate to contact us. We will study your case and offer you expert advice on the matter.
You may be interested in the following services and articles:
Problems with one heir who does not want to agree on the inheritance. Legal advice.
Inheritances in Spain. What happens with the rented properties?. Unsettled estate or Yacente
Contest and Challenge a Spanish Will. New court success. Spanish forced heirs’ rights. Application of Spanish law to an expat heir. Legal advice
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
White & Baos 2023 – All Rights Reserve
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Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.
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