Carlos Baos – Suspending Inheritance Tax deadlines in Spain

Dealing with the loss of a loved one is already a painful and complicated experience.

When we add the tensions and headaches of paperwork, procedures, tax payments, etc., the matter can become even more overwhelming. In today’s article, we delve into the deadline for the Inheritance Tax payments and the possibility of suspension, aiming to alleviate some of these burdens.

Why Timely Tax Payment is the First Step to a successful inheritance in Spain.

Paying inheritance tax in Spain is a critical step in the inheritance process. It serves as the gateway to accessing bank accounts, transferring ownership in various registries (Land Registry, Car Registry, etc.). Essentially, settling this tax is the first step towards inheriting. Understanding the deadline for payment is key. It’s set at 6 months from the date of death. After this period, interest accrues on any outstanding amount. Additionally, late payment surcharges apply beyond the 6-month mark, unless an extension has been requested (this extension can only be sought within the first 5 months following the death). If the extension is requested, and granted, no surcharges will be incurred until the 13th month.

Managing timeframes in Inheritance conflicts. The suspension of the deadline.

When all heirs agree, the will is clear, etc. the inheritance process typically proceeds smoothly within a set timeframe. But what happens when conflicts arise?. What if disagreements among heirs escalate to legal battles?. Judicial proceedings can drag on for years. Do interest and surcharges accumulate indefinitely. No. In specific cases where there is conflict between the heirs, the law allows for a suspension of the deadline request. This suspension “freezes” the timeframe until a final verdict is reached. Generally, the suspension period will begin with the filing of the lawsuit in court, marking the official registration of the judicial conflict.

At White-Baos, we specialize in contentious inheritances, will contestations, and succession tax matters. Seeking an extension is always highly recommended. Moreover, when facing potential contentious disputes, the importance of requesting the suspension of the deadline cannot be overstated. Do not hesitate to reach out to our legal team for this and other matters.

You may be interested in the following services and articles:

What is the competent court to contest a will?. Contentious inheritances. Habitual residence. Applicable law. Territorial jurisdiction when contesting a will..

Manipulation of the testator. What is testamentary deceit?. Challenging a will and declaring it null and void. Deception and malice. Expert legal advice..

New court success. Challenging a Spanish will in court. Legitimacy rights. Application of Spanish law to foreign heirs. Expert legal advice..

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185


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Carlos Baos
Written by

Carlos Baos (Lawyer)

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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