Inheritance lawyer in Las Palmas: the Canarian 99.99% allowance in Gran Canaria
Las Palmas de Gran Canaria is the capital of Spain's easternmost province and one of the country's most cosmopolitan cities, with a significant foreign-national community and a Canarian diaspora spread across the world. When a death occurs in Las Palmas, the inheritance may involve heirs in several countries, assets in the Canary Islands and abroad, wills executed in different jurisdictions and the need to apply the Canarian tax rules correctly in order to benefit from the 99.99% allowance on the Inheritance and Gift Tax. Managing all of this within six months without specialist advice is a considerable challenge, particularly for heirs residing outside the Canary Islands or outside Spain.
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Specialised advice and personal service
At BMC we are specialist inheritance lawyers in Las Palmas de Gran Canaria with knowledge of Canarian tax rules and experience in managing inheritances with international elements. We handle the complete process: succession documentation, asset inventory, partition deed, ISD self-assessment before the Gobierno de Canarias with the 99.99% allowance, municipal capital gains tax at Las Palmas City Council and Land Registry registrations. For inheritances with heirs abroad, we coordinate the necessary documentation and representation.
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In the Canary Islands the ISD allowance for direct heirs is 99.99% — practically zero inheritance tax in Las Palmas between parents and children.
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The deadline to settle the tax is 6 months from the date of death, extendable by a further 6 months.
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Las Palmas has a significant international community — inheritances with heirs abroad require representation and coordination.
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Where there are debts, the heir may accept with benefit of inventory to protect their personal estate.
From first contact to case completion
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The problem
Las Palmas de Gran Canaria is the capital of Spain's easternmost province and one of the country's most cosmopolitan cities, with a significant foreign-national community and a Canarian diaspora spread across the world. When a death occurs in Las Palmas, the inheritance may involve heirs in several countries, assets in the Canary Islands and abroad, wills executed in different jurisdictions and the need to apply the Canarian tax rules correctly in order to benefit from the 99.99% allowance on the Inheritance and Gift Tax. Managing all of this within six months without specialist advice is a considerable challenge, particularly for heirs residing outside the Canary Islands or outside Spain.
Our solution
At BMC we are specialist inheritance lawyers in Las Palmas de Gran Canaria with knowledge of Canarian tax rules and experience in managing inheritances with international elements. We handle the complete process: succession documentation, asset inventory, partition deed, ISD self-assessment before the Gobierno de Canarias with the 99.99% allowance, municipal capital gains tax at Las Palmas City Council and Land Registry registrations. For inheritances with heirs abroad, we coordinate the necessary documentation and representation.
How we do it
Opening the succession file
We obtain the death certificate, the certificate of last wills and the copy of the will from the Colegio Notarial de Canarias (headquartered in Las Palmas de Gran Canaria). If there is no will, we initiate the declaration of intestate heirs.
Asset inventory
We prepare the full asset inventory in Gran Canaria: properties in Las Palmas city, in the south of the island (Maspalomas, Playa del Ingles, Puerto Mogan), in inland municipalities and on other islands. We also identify assets held abroad for their tax treatment.
Partition and adjudication
We draft the partition deed respecting the forced shares (legitimas) of the national Civil Code. If there is agreement, the partition is formalised in a public deed before a notary in Las Palmas. If there is a dispute, we act before the Courts of First Instance of Las Palmas de Gran Canaria.
Tax settlement and registrations
We file the ISD self-assessment before the Consejeria de Hacienda del Gobierno de Canarias with the 99.99% allowance. We manage the municipal capital gains tax at Las Palmas City Council and process the Land Registry registrations.
My uncle passed away in Las Palmas leaving a flat in Las Canteras and a bank account. I live in Venezuela and had no idea how to handle any of this from there. BMC represented me throughout the process, applied the Canarian allowance and had the inheritance resolved in four months. A perfect remote service.
Inheritances in Las Palmas de Gran Canaria: Canarian tax advantages and international diversity
Las Palmas de Gran Canaria, capital of Spain’s most easterly province, combines the archipelago’s highly favourable tax regime with a cosmopolitan and diverse demographic profile. The city and the island of Gran Canaria have a significant foreign-national population — particularly in the south (Maspalomas, Playa del Ingles, Puerto Mogan) — and a diaspora of Canarian emigrants and returnees with family ties in Latin America, northern Europe and Venezuela. This reality generates inheritances with international characteristics that call for an inheritance lawyer in Las Palmas with cross-border expertise.
The 99.99% allowance on the Inheritance and Gift Tax (ISD) for direct heirs makes the Canary Islands one of the most favourable territories in Spain for inter-generational wealth transfers. However, benefiting from this allowance requires compliance with the formal requirements and correct filing of the self-assessment before the Gobierno de Canarias.
Inheritance Tax in the Canary Islands: the 99.99% allowance in detail
The Canarian Inheritance and Gift Tax rules establish a 99.99% allowance on the gross liability for heirs in Groups I and II. This allowance applies when:
- The deceased had their habitual residence in the Canary Islands during the five years prior to death.
- The heirs are descendants (children, grandchildren) in Group I or II, ascendants (parents, grandparents) or the spouse of the deceased.
- The self-assessment is filed within the deadline (six months from death or within the extension granted).
For Group III heirs (siblings, uncles, nieces and nephews) and Group IV heirs (unrelated persons), the 99.99% allowance does not apply. In these cases, the Canarian ISD applies the national rate schedule with multiplier coefficients based on the heir’s pre-existing wealth and degree of kinship, which can result in a very significant tax burden for high-value estates.
The Canarian allowance is among the most generous in Spain: 0.01% versus 1% in Madrid and Andalusia. The practical difference is negligible, but symbolically the Canary Islands offer the most favourable treatment for direct heirs.
Processing an inheritance in Las Palmas: step by step
Documentary phase: The starting point is the death certificate (Las Palmas de Gran Canaria Civil Registry or the registry for the place of death), the certificate of last wills (Ministry of Justice, processable online) and the copy of the will (Colegio Notarial de Canarias, headquartered in Las Palmas de Gran Canaria). For deceased with wills executed abroad, we verify their validity and compatibility with Spanish law.
Declaration of heirs: Where there is no will, the declaration of intestate heirs is processed before a notary in Las Palmas. The Canary Islands follow the national Civil Code for intestate succession: children inherit first, then parents, then the spouse (who, when concurring with children, holds the usufruct of the improvement third), and finally collateral relatives and the State.
Estate inventory: A typical Las Palmas inheritance inventory may include: properties in the city (Triana, Vegueta, Ciudad Jardin, Mesa y Lopez, Las Canteras), in the south of the island (San Bartolome de Tirajana, Mogan) or on other islands in the archipelago; bank accounts at local and national institutions; shareholdings in service, tourism or commercial businesses; vehicles; and assets abroad (bank accounts in Venezuela, real estate in Latin America, investment funds in offshore jurisdictions). Identifying assets abroad is particularly important for correctly applying the ISD.
Partition deed: The distribution of assets among heirs follows the forced shares of the Civil Code. In Las Palmas it is common for wills to establish improvements in favour of specific children or specific bequests (the flat to one child, the business to another). BMC drafts the partition deed respecting the deceased’s wishes within the statutory limits.
Tax settlement: The ISD self-assessment is filed before the Consejeria de Hacienda del Gobierno de Canarias. Tax management offices in Las Palmas are located in Las Palmas de Gran Canaria city. For non-resident heirs, BMC acts as fiscal representative before the Gobierno de Canarias.
Municipal capital gains tax (IIVTNU): Las Palmas de Gran Canaria City Council levies the IIVTNU on urban properties within the municipality. The calculation may use the objective method (coefficients applied to the cadastral value) or the actual-gain method since the 2021 reform.
Las Palmas and the Canarian diaspora: inheritances with heirs in Latin America
A specific characteristic of Las Palmas de Gran Canaria is the significant Canarian community that emigrated to Latin America, particularly to Venezuela, Cuba, Brazil, Uruguay and Argentina. When a first- or second-generation Canarian emigrant dies holding assets in the Canary Islands, heirs may be distributed between Spain, Venezuela, Cuba and other Latin American countries. This generates inheritances with specific features:
Documentation of Venezuelan or Cuban assets: Countries with restrictions on the free movement of capital (Venezuela, Cuba) may make it difficult to transfer assets from those countries to heirs in Spain. BMC advises on the legal options available in each case.
Wills executed in Latin America: A will executed before a Venezuelan, Cuban or Uruguayan notary may be valid in Spain if it meets the formal requirements of the country where it was executed. It must be apostilled (if the country is a signatory to the Hague Convention) and translated into Spanish.
Multi-country tax coordination: Heirs resident in Venezuela or Cuba have tax obligations in Spain in respect of assets in the Canary Islands. The ISD is settled before the Gobierno de Canarias within the same six-month deadline regardless of where the heir resides. BMC manages the fiscal representation of heirs resident in Latin America before the Gobierno de Canarias.
Inheritances with assets in the south of the island: tourism and estate
The south of Gran Canaria (San Bartolome de Tirajana, Mogan, Santa Lucia de Tirajana) concentrates a significant part of the island’s tourist infrastructure: apartments, bungalows, hotels, restaurants and retail. Inheritances involving assets in the south of the island have specific features:
- Tourist apartments in active management: The hereditary transfer of an apartment registered within a tourist complex involves transferring the owner’s rights and obligations under the management contract, with possible penalties for early transfer.
- Shareholdings in hotel or tourism companies: Valuing shareholdings in Canarian tourism companies requires specific methodologies (discounted cash flows, sector multiples) and may be subject to review by the Canarian tax authority.
- Land in environmentally protected areas: The south of Gran Canaria has significant protected natural spaces (Reserva Natural Especial de Guigui, Monumento Natural de los Azulejos, Parque Rural del Nublo). Land in these areas has use restrictions that affect its valuation and the heirs’ ability to exploit or transfer it.
We also advise on the potential impact of the wealth tax when inherited assets in Gran Canaria exceed the Canarian taxable thresholds.
Succession planning in Las Palmas: beyond the 99.99% allowance
Although the 99.99% allowance for direct heirs makes ISD in the Canary Islands virtually nil, there are situations where prior succession planning remains highly relevant:
- Group III or IV heirs: Siblings, nephews, nieces or persons without a close family tie to the deceased are taxed at full rates in the Canary Islands, with no allowance. Lifetime gifts or single-premium life insurance policies may reduce the tax burden in these cases.
- Assets in other autonomous communities: If the deceased holds assets in communities with higher ISD burdens, restructuring ownership may be worthwhile.
- Complex international inheritances: Choosing the applicable law by will (European Regulation 650/2012) may optimise the inheritance for foreign nationals resident in Las Palmas.
At BMC we offer a succession planning service tailored to Las Palmas and Gran Canaria, including estate analysis, fiscal simulation of scenarios and design of the most efficient will.
BMC has an office in Las Palmas. Visit our Las Palmas office for personalised advice nearby.
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