Gift Tax in Spain

This service helps people who want to pass on property or money in Spain to someone else while they are still alive, and need to handle the tax on that gift correctly. Who it is for Foreign parents who own a home or…

Cities
1 city

About gift tax in Spain

This service helps people who want to pass on property or money in Spain to someone else while they are still alive, and need to handle the tax on that gift correctly.

Who it is for

  • Foreign parents who own a home or bank accounts in Spain and want to give them to adult children now, instead of leaving them in a will across several countries.
  • People living abroad who send money to help adult children buy a home in Spain.
  • Owners who want to give away the property but keep the right to live in or use it for life.
  • People who receive a gift and want to use the tax reductions of the Spanish region where the property is.
  • Givers who want to know what taxes they themselves will face because of the gift.

Key rules

  • Who pays: the gift tax is paid by the person who receives the gift.
  • Notary: a gift of a home in Spain must be signed in front of a Spanish notary (a public official who prepares formal documents). A private agreement does not pass on ownership.
  • Deadline: the gift tax return must be filed and paid within 30 working days of signing. Missing it means losing regional reductions and paying extra charges and interest.
  • Foreigner number: both sides need an NIE, the tax ID number for foreigners in Spain, before signing.
  • Proof of money: cash gifts sent by bank transfer need bank papers showing where the money came from, to satisfy checks against money laundering.
  • Taxes for the giver: when giving a property, the giver may owe income tax on the rise in its value since they bought it, and a local town hall tax on the rise in land value, known as Plusvalía.
  • Regional rules: receivers who do not live in Spain can use the rules of the region where the property is. National rates run from 7.65% to 34%, adjusted by the receiver's wealth, unless regional reductions are claimed. Some regions offer up to 99% relief for children and spouses.

What happens

  1. The lawyer works out the taxes for both sides in advance, to compare giving now with leaving the property in a will.
  2. The lawyer checks or obtains the NIE numbers, prepares a power of attorney (a document letting the lawyer sign for you) if you cannot attend, and gathers the bank papers.
  3. The lawyer works with the notary, prepares the gift deed and signs it for you.
  4. The lawyer files the regional gift tax return within the 30-working-day limit, claiming the reductions that apply.
  5. The lawyer files the local Plusvalía tax with the town hall and records the new owner at the Land Registry (the official record of property owners).

What you receive

  • A written comparison of the tax on a gift now versus an inheritance later.
  • NIE numbers for both sides.
  • A power of attorney in two languages, if needed.
  • An official copy of the signed gift deed.
  • The filed gift tax return and proof of submission.
  • Proof of filing or payment of the Plusvalía tax.
  • An up-to-date Land Registry extract showing the new owner.

Where in Spain

The cities where lawyers for gift tax have their offices.

Talk to a lawyer about Gift Tax

1 registered lawyer provide this service in Spain. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.

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See the lawyersEnquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.

What clients say about our service

  • The lawyer has been excellent, answering quickly and helping a lot.
    — Neil
    27 Jun 2022
  • The lawyer was highly professional and explained my tax case with impressive attention to detail. He answers promptly and takes the initiative in finding and explaining solutions to any problems. I am very satisfied, and I strongly recommend him and this service. Thank you for everything you have done for me.
    — David
    05 May 2022
  • The lawyer is always timely and informative about tax returns that are due, and replies promptly to any request for advice. He is courteous and helpful, and his English is perfect. I am happy to have him as my lawyer abroad for tax matters.
    — David
    11 Jan 2022

1 lawyer who provides gift tax in Spain

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

David, accountant in Barcelona

David

Accountant · Barcelona, Spain

  • 100 cases handled · 1 in this service
  • 11+ years in practice
  • English, Spanish
  • Economia, Universitat Autonoma de Barcelona
Contact David
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