Skip to content

Inheritance Tax in Malaga: Andalusia's 99% relief and the key rules for families, residents, and Costa del Sol expatriates

Malaga and the Costa del Sol are home to one of the largest expatriate and non-resident communities in Spain: families with second homes, remote-working professionals based in the city, executives at multinationals located in Malaga's technology park (PTA), and EU and non-EU citizens who have made the province their permanent home. When a relative dies leaving assets in Malaga, many of these heirs are unaware of three fundamental facts: first, that Andalusia has applied a 99% relief on the Impuesto sobre Sucesiones y Donaciones (ISD) for direct heirs since 2022; second, that non-residents — including non-EU nationals — can access the more favourable Andalusian rules since the reform introduced by Ley 11/2021 and the CJEU's 2014 ruling; and third, that the deadline for filing is six months and can only be extended by prior application. The result is that many Malaga families and expatriates pay more than the law requires — or incur avoidable surcharges — for lack of timely and specialist advice.

Since 2010 · 16 years Tax agent AEAT

Pick a slot in the specialist's calendar.

Tell us when to call and a partner will contact you in your chosen window.

Write to us and we'll reply within 24 business hours.

Data processed in the EU · GDPR · No commitment

Why BM Consulting

Specialised advice and personal service

BMC provides end-to-end management of the Impuesto de Sucesiones (ISD) in Malaga and across the Costa del Sol: estate inventory and valuation, application of Andalusia's 99% relief for Groups I and II, the 95% family business reduction where applicable, and submission of the self-assessment to the Agencia Tributaria de Andalucía (ATRIAN) on time. For non-resident or expatriate heirs, we determine whether they can apply the favourable Andalusian rules — in most cases, yes, following Ley 11/2021 — and coordinate with specialists in the heir's country of origin when the estate includes international assets. Initial consultation is free of charge.

  • Andalusia applies a 99% relief on ISD for direct heirs (Groups I and II) since 2022 — inheritance between parents and children in Malaga is effectively tax-free.

  • Non-residents and expatriates can apply the more favourable Andalusian rules since Ley 11/2021 — the main risk to manage is double taxation in the heir's country of residence.

  • Family business in Malaga

    95% reduction stacks with the 99% relief — effective liability close to zero.

  • Deadline

    6 months from date of death with ATRIAN; extension available if requested before the fifth month.

How we work

From first contact to case completion

  1. Estate inventory and valuation in Malaga

    We prepare a comprehensive inventory of all assets in the estate, with particular attention to the assets most commonly found in Malaga province estates: residential property in Malaga city, homes in Costa del Sol municipalities (Marbella, Estepona, Nerja, Torremolinos, Benalmadena), rural land, family business shares, bank accounts held in Spain and abroad, and life insurance policies. We value each asset in accordance with current fiscal rules — including the cadastral reference value for real property introduced by Ley 11/2021 — and calculate the individual taxable base for each heir.

  2. Application of the 99% relief and all available reductions

    We apply Andalusia's 99% relief for Groups I and II (children, spouse, parents), the 95% family business reduction under article 20.6 LISD, the reduction for the deceased's primary residence (up to 95%, capped at 122,606.47 euros per heir), and the reliefs for life insurance and disability. For non-resident heirs we determine entitlement to the favourable Andalusian rules under Ley 11/2021 — which extended the right to opt for regional rules to all non-residents, including non-EU nationals — and file accordingly with ATRIAN.

  3. Filing with the Agencia Tributaria de Andalucía (ATRIAN)

    We prepare and file the ISD self-assessment with the ATRIAN delegation in Malaga within the six-month deadline from the date of death. Where the deadline is approaching, we apply for the additional six-month extension before the fifth month. If the deadline has already passed, we regularise the position with the lowest possible surcharge. We act as representatives before ATRIAN in any subsequent audit, review, or appeal.

  4. Post-estate planning and structuring of Malaga assets

    Once the ISD has been settled, we draw up an asset-management plan tailored to the heir's profile: for business families, we design the perimeter of business assets that must be retained during the holding period (10 years under state rules) to preserve the family business reduction; for expatriates who are tax-resident in Spain under the Beckham Law (Ley Beckham), we analyse the interaction of ISD with Andalusia's Wealth Tax (currently exempt at 100%); for non-residents who do not intend to establish Spanish tax residency, we advise on managing or selling the inherited property, including the municipal capital gains tax (plusvalía municipal) and the Non-Resident Income Tax (IRNR).

Self-check · 45 seconds

Do you need this service?

Answer three questions and we'll show you the most relevant service for your case.

Do you currently reside in Spain?
Do you have assets or income in another country?
Have you received or are you expecting an inheritance?
Are you considering setting up a company?
Answer to see your recommended services.

The problem

Malaga and the Costa del Sol are home to one of the largest expatriate and non-resident communities in Spain: families with second homes, remote-working professionals based in the city, executives at multinationals located in Malaga's technology park (PTA), and EU and non-EU citizens who have made the province their permanent home. When a relative dies leaving assets in Malaga, many of these heirs are unaware of three fundamental facts: first, that Andalusia has applied a 99% relief on the Impuesto sobre Sucesiones y Donaciones (ISD) for direct heirs since 2022; second, that non-residents — including non-EU nationals — can access the more favourable Andalusian rules since the reform introduced by Ley 11/2021 and the CJEU's 2014 ruling; and third, that the deadline for filing is six months and can only be extended by prior application. The result is that many Malaga families and expatriates pay more than the law requires — or incur avoidable surcharges — for lack of timely and specialist advice.

Our solution

BMC provides end-to-end management of the Impuesto de Sucesiones (ISD) in Malaga and across the Costa del Sol: estate inventory and valuation, application of Andalusia's 99% relief for Groups I and II, the 95% family business reduction where applicable, and submission of the self-assessment to the Agencia Tributaria de Andalucía (ATRIAN) on time. For non-resident or expatriate heirs, we determine whether they can apply the favourable Andalusian rules — in most cases, yes, following Ley 11/2021 — and coordinate with specialists in the heir's country of origin when the estate includes international assets. Initial consultation is free of charge.

Process

How we do it

1

Estate inventory and valuation in Malaga

We prepare a comprehensive inventory of all assets in the estate, with particular attention to the assets most commonly found in Malaga province estates: residential property in Malaga city, homes in Costa del Sol municipalities (Marbella, Estepona, Nerja, Torremolinos, Benalmadena), rural land, family business shares, bank accounts held in Spain and abroad, and life insurance policies. We value each asset in accordance with current fiscal rules — including the cadastral reference value for real property introduced by Ley 11/2021 — and calculate the individual taxable base for each heir.

2

Application of the 99% relief and all available reductions

We apply Andalusia's 99% relief for Groups I and II (children, spouse, parents), the 95% family business reduction under article 20.6 LISD, the reduction for the deceased's primary residence (up to 95%, capped at 122,606.47 euros per heir), and the reliefs for life insurance and disability. For non-resident heirs we determine entitlement to the favourable Andalusian rules under Ley 11/2021 — which extended the right to opt for regional rules to all non-residents, including non-EU nationals — and file accordingly with ATRIAN.

3

Filing with the Agencia Tributaria de Andalucía (ATRIAN)

We prepare and file the ISD self-assessment with the ATRIAN delegation in Malaga within the six-month deadline from the date of death. Where the deadline is approaching, we apply for the additional six-month extension before the fifth month. If the deadline has already passed, we regularise the position with the lowest possible surcharge. We act as representatives before ATRIAN in any subsequent audit, review, or appeal.

4

Post-estate planning and structuring of Malaga assets

Once the ISD has been settled, we draw up an asset-management plan tailored to the heir's profile: for business families, we design the perimeter of business assets that must be retained during the holding period (10 years under state rules) to preserve the family business reduction; for expatriates who are tax-resident in Spain under the Beckham Law (Ley Beckham), we analyse the interaction of ISD with Andalusia's Wealth Tax (currently exempt at 100%); for non-residents who do not intend to establish Spanish tax residency, we advise on managing or selling the inherited property, including the municipal capital gains tax (plusvalía municipal) and the Non-Resident Income Tax (IRNR).

99%
Andalusia ISD relief for direct heirs (Groups I and II)
6 months
Maximum filing deadline from date of death
95%
Family business reduction available in Andalusia

My father was from Malaga and passed away leaving the family flat in the Old Town and shares in the transport company he founded. I had been living in Germany for ten years and had no idea how inheritance worked from abroad. BMC explained that as a non-resident I could also apply the Andalusian rules with the 99% relief, managed the entire inventory, filed with ATRIAN, and handled the Land Registry. I did not need to travel for anything urgent. We paid practically nothing in ISD.

Klaus Fernández Richter Non-resident heir, Munich / Malaga

Inheritance Tax in Malaga: the new fiscal landscape for families and Costa del Sol expatriates

Malaga province has undergone an unprecedented demographic transformation in recent years. The establishment of offices by Google, Oracle, Vodafone, Ericsson, and dozens of multinational technology companies at the Parque Tecnologico de Andalucia has attracted thousands of international professionals. The Costa del Sol remains the preferred destination for European retirees — with well-established communities of British, German, Dutch, and Scandinavian citizens — and for property investors from around the world. This demographic reality gives the Impuesto sobre Sucesiones y Donaciones (ISD, or Spanish Inheritance Tax) in Malaga an international tax dimension that does not exist to the same extent in any other Spanish provincial capital.

The good news is that Andalusia has had one of the most favourable ISD regimes in Spain since 2022, and since Ley 11/2021 non-residents — including citizens of non-EU countries — can fully access those favourable regional rules. BMC has been advising Malaga families, Costa del Sol residents, and non-resident heirs on ISD in Malaga for years, and we have an in-depth understanding of this market’s specific characteristics.

Andalusia’s 99% relief: what it means in practice

The Junta de Andalucia approved, by means of Decreto-ley 7/2022, of 20 September, a 99% relief on the gross ISD liability for heirs in Groups I and II. This means:

  • Group I: Descendants and adopted children under 21 years of age.
  • Group II: Descendants and adopted children over 21 years of age, registered spouse or civil partner, ascendants and adoptive parents.

For a parent-to-child inheritance in Malaga involving a property valued at 400,000 euros, the effective final liability — after the 99% relief — is less than 2,000 euros. In autonomous communities without an equivalent relief (Catalonia, Balearic Islands, Comunitat Valenciana), the same estate could generate a liability of 50,000 to 80,000 euros.

The relief applies to both inheritances and gifts between Groups I and II in Andalusia, which means that lifetime transfers of assets carry the same fiscal efficiency as transfers on death.

Andalusia applies a reduction in the taxable base of up to one million euros per heir (Groups I and II); the 99% relief is then applied to the resulting gross liability, with no cap on the amount of the relief.

Non-residents and expatriates: the 2021 change that many are unaware of

Until 2014, Spain’s ISD rules applied discriminatory treatment to non-residents: while residents could access regional rules — with their reliefs and reductions — non-residents were confined to the state rules, which are far less favourable. The Court of Justice of the European Union ruled in its judgment of 3 September 2014 (case C-127/12) that this discrimination was contrary to the free movement of capital guaranteed by European law.

Ley 11/2021 went further: it extended the right to opt for regional rules not only to residents in the EU and the European Economic Area, but also to nationals of third countries (including United Kingdom citizens post-Brexit, United States citizens, Australian citizens, and nationals of any country outside the EU/EEA).

For an estate in Malaga, this means:

  • A child living in Munich who inherits the family flat from a Malaga-resident parent can apply Andalusia’s 99% relief.
  • A US citizen who inherits a villa in Marbella from her father can access the Junta de Andalucia’s rules, not the more burdensome state rules.
  • A British citizen post-Brexit who inherits an apartment in Torremolinos from his mother is entitled to the Andalusian regional rules.

The procedure for non-residents involves filing the self-assessment with ATRIAN (Agencia Tributaria de Andalucia) with documentation evidencing the kinship and the deceased’s circumstances, and declaring the election for the regional rules in the self-assessment itself.

Estates with family businesses in Malaga: the technology sector and traditional industries

The Malaga economy presents two clearly differentiated profiles of family business with relevance for ISD:

The technology sector at the PTA (Parque Tecnologico de Andalucia)

The Parque Tecnologico de Andalucia, in Campanillas (Malaga), hosts over 650 companies and generates more than 22,000 direct jobs. Many of these are technology-based SMEs with predominantly family capital, whose generational transfer requires specific fiscal planning. The 95% family business reduction under article 20.6 LISD applies fully to these business structures where the requirements of genuine activity, management functions, and family shareholding are met.

The traditional Costa del Sol sectors

Tourism, hospitality, property development, and agrifood distribution are the sectors where most of the Malaga family businesses with significant estate value are concentrated. The 95% family business reduction, combined with Andalusia’s 99% relief, can result in the transfer of a Malaga hospitality or real estate business to children with an effective fiscal cost close to zero.

Where a lifetime transfer is possible and advisable, donations of business shares can access the same ISD benefits (both the 95% reduction and Andalusia’s 99% relief for gifts), provided the same conditions are met as for inheritance.

The cadastral reference value for Costa del Sol properties

Since Ley 11/2021, real property must be valued for ISD purposes at the cadastral reference value (valor de referencia catastral) — set by the Catastro (Land Registry) — as the minimum taxable base. In some Costa del Sol municipalities (Marbella, Estepona, Benahavis), cadastral reference values can differ significantly from real market values, whether due to undervaluation (luxury properties in exclusive developments) or overvaluation (areas where the market has corrected downwards).

Where the cadastral reference value is higher than the market value, the heir has the right to challenge it through a contradictory appraisal procedure, but the burden of proof rests on the heir, who must evidence the lower value. BMC assesses for each estate whether challenging the reference value is worthwhile — based on the cost of the appraisal versus the tax saving generated — and manages the procedure before ATRIAN where the valuation gap justifies it.

Deadlines and procedure with ATRIAN in Malaga

The Agencia Tributaria de Andalucia (ATRIAN) has a delegation in Malaga, which is the competent authority for ISD when the deceased had their habitual residence in the province during the last five years. The standard procedure is:

  1. Months 1-3: Obtaining documentation (death certificate, certificate from the General Register of Last Wills, will or intestate declaration, bank certificates, Land Registry notes, valuations of company shares, life insurance certificates).
  2. Months 3-5: Preparing the self-assessment, valuing assets, calculating the taxable base for each heir, and applying reductions and reliefs.
  3. Before the fifth month: Applying for the extension if timelines are tight.
  4. Before the sixth month: Filing the self-assessment (Form 650 or 652) with ATRIAN in Malaga.
  5. Post-filing: Registering the properties in the heirs’ names at the Land Registry, using the deed of acceptance of inheritance and the ISD payment receipt.

Where the deceased had assets in multiple autonomous communities, the territoriality rule for ISD means that the competent community is the one where the deceased was habitually resident for the greatest number of days during the last five years. If the deceased was resident in Malaga, Andalusian rules apply to all inherited assets — including those situated in Madrid, Catalonia, or other regions — which is particularly advantageous given Andalusia’s generous regime.

Why advance planning is especially relevant in Malaga

The demographic profile of Malaga creates estate situations where advance planning is particularly valuable:

  • Families with mixed residency: parents residing in Malaga and children living in Germany, the United Kingdom, or Latin America. Estate planning that takes into account the ISD implications in each jurisdiction is essential.
  • Non-residents with a second home on the Costa del Sol: EU or non-EU citizens who own a property in Malaga but are not tax-resident in Spain. The ISD implications for their heirs should be planned well in advance, particularly if the estate also includes assets in the deceased’s country of residence.
  • Business owners with mixed assets: owners of Costa del Sol real property and company shares who may qualify for the family business reduction.

BMC offers Malaga clients a preventive estate planning service: analysis of the current asset base, ISD projections for different succession scenarios, review and optimisation of the will, and structuring lifetime gifts where these are fiscally advantageous.

BMC has an office in Malaga. Visit our Malaga office.

FAQ

Frequently asked questions

In Andalusia, heirs in Group I (descendants and adopted children under 21) and Group II (descendants and adopted children over 21, registered spouse or civil partner, ascendants and adoptive parents) benefit from a reduction in the taxable base of up to one million euros per heir and a 99% relief on the resulting gross liability, with no cap on the amount of the relief. In practice, a child inheriting a flat in Malaga valued at 350,000 euros pays a symbolic amount — below 2,000 euros in most cases — compared to tens of thousands of euros in regions without an equivalent relief such as Catalonia or the Balearic Islands. This relief is regulated by Ley 5/2021 of the Junta de Andalucia.
Yes. Since Ley 11/2021, of 9 July, on measures to prevent and combat tax fraud, all non-residents in Spain — including nationals of non-EU countries — have the right to opt for the more favourable regional rules in the ISD. For estates where the deceased was resident in Andalusia during the last five years, the non-resident heir can (and should) apply the Junta de Andalucia's rules, including the 99% relief for Groups I and II. This reform corrected the discrimination that the Court of Justice of the EU declared contrary to European law in its ruling of 3 September 2014 (case C-127/12). If you live in Germany, the United Kingdom, the United States, or any other country and inherit assets from a relative who was resident in Malaga, in most cases you can apply the Andalusian 99% relief.
The typical estate in Malaga province includes one or more of the following assets: a flat in Malaga city (Old Town, Teatinos, Churriana), an apartment or detached house in a coastal municipality (Marbella, Estepona, Nerja, Torremolinos, Benalmadena, Fuengirola), rural land in the interior of the province (Antequera, Ronda, the Axarquia), and to a lesser extent commercial premises and parking spaces. For expatriates and non-residents, the Costa del Sol property is the most common asset. All these assets have been valued since Ley 11/2021 using the cadastral reference value, which in some Costa del Sol municipalities can differ significantly from the market value. If the reference value exceeds the real market value, the heir can challenge it, though the burden of proving the lower value rests on the heir.
The deadline for filing and paying the Impuesto de Sucesiones is six months from the date of death. A further six-month extension can be requested, provided the application is submitted before the fifth month from the date of death. If the extension is granted, the total deadline is twelve months, though interest accrues during the second six months. Once the deadline has passed, a late filing generates surcharges: 1% per month for each month of delay up to twelve months from the voluntary filing deadline, and 15% for delays over twelve months, plus interest. Because the effective liability is very low with the 99% relief, surcharges can exceed the tax itself. Filing is made with the ATRIAN delegation in Malaga (Agencia Tributaria de Andalucia).
Malaga has a diverse family business sector: hospitality and tourism on the Costa del Sol, construction and real estate throughout the province, agrifood distribution in the Axarquia and the Vega, and a growing technology sector linked to the Parque Tecnologico de Andalucia. For the inheritance of shares in these businesses, the 95% reduction under article 20.6 LISD applies where the company carries on a genuine economic activity, the deceased or a family member exercised management functions and received more than 50% of their income from that activity, and the family shareholding represents at least 5% individually or 20% jointly. The combination of the 95% family business reduction with Andalusia's 99% relief means that passing a Malaga business to children can carry an effective fiscal cost close to zero. The required holding period is ten years from the date of death.
When the deceased held assets both in Malaga and abroad (a bank account in Germany, property in the United Kingdom, an investment portfolio in the United States), the Spanish ISD is calculated on the total value of all assets situated in Spain, while assets abroad are generally taxed in the country where they are located, unless a double taxation convention in inheritance matters applies. Spain has inheritance double taxation conventions with Greece, France, Sweden, and a small number of other countries, but not with Germany, the United Kingdom, or the United States. In these cases, double taxation may arise in both jurisdictions. BMC coordinates with specialists in the relevant country when the estate includes significant international assets.
Andalusia's 99% relief does not require the heir to hold the inherited property for any minimum period. The relief is applied at the time of the inheritance unconditionally, and a subsequent sale of the property does not put the already-applied relief at risk. This differs from the reduction for the deceased's primary residence (which does require retention for three years) and the family business reduction (which requires ten years). A child who inherits a Costa del Sol apartment can therefore sell it immediately after completing the estate administration without losing the ISD relief already granted. The sale will, however, generate a capital gain for income tax purposes (IRPF or IRNR depending on the heir's tax residency), which must be declared in the year of the sale.
Andalusia applies a 100% reduction on the Wealth Tax (Impuesto sobre el Patrimonio) liability for all taxpayers resident in the autonomous community, which in practice eliminates Wealth Tax for heirs who establish their residence in Malaga. However, the state Solidarity Tax on Large Fortunes (Impuesto Temporal de Solidaridad de las Grandes Fortunas, ITSGF) may apply to net wealth exceeding 3 million euros, as it acts as a minimum floor when the regional Wealth Tax relief is total. For non-resident heirs who retain a Costa del Sol property, Wealth Tax applies to the net value of assets in Spain if it exceeds the 700,000 euro exemption threshold. BMC analyses the post-estate wealth tax implications in each case.

Speak with a specialist

Complimentary first call. No commitment. Response within 1 hour during office hours.

Free first consultation 30 minutes with a specialist in your area
Fixed quote before we start No surprises, no success fees
Registered tax agent Electronic filing of all tax returns

4.8/5 · Data processed in the EU · GDPR · No commitment

Frequently asked questions

Questions about Inheritance Tax in Malaga 2026: 99% Relief for Families and Expatriates on the Costa del Sol

In Andalusia, heirs in Group I (descendants and adopted children under 21) and Group II (descendants and adopted children over 21, registered spouse or civil partner, ascendants and adoptive parents) benefit from a reduction in the taxable base of up to one million euros per heir and a 99% relief on the resulting gross liability, with no cap on the amount of the relief. In practice, a child inheriting a flat in Malaga valued at 350,000 euros pays a symbolic amount — below 2,000 euros in most cases — compared to tens of thousands of euros in regions without an equivalent relief such as Catalonia or the Balearic Islands. This relief is regulated by Ley 5/2021 of the Junta de Andalucia.
Yes. Since Ley 11/2021, of 9 July, on measures to prevent and combat tax fraud, all non-residents in Spain — including nationals of non-EU countries — have the right to opt for the more favourable regional rules in the ISD. For estates where the deceased was resident in Andalusia during the last five years, the non-resident heir can (and should) apply the Junta de Andalucia's rules, including the 99% relief for Groups I and II. This reform corrected the discrimination that the Court of Justice of the EU declared contrary to European law in its ruling of 3 September 2014 (case C-127/12). If you live in Germany, the United Kingdom, the United States, or any other country and inherit assets from a relative who was resident in Malaga, in most cases you can apply the Andalusian 99% relief.
The typical estate in Malaga province includes one or more of the following assets: a flat in Malaga city (Old Town, Teatinos, Churriana), an apartment or detached house in a coastal municipality (Marbella, Estepona, Nerja, Torremolinos, Benalmadena, Fuengirola), rural land in the interior of the province (Antequera, Ronda, the Axarquia), and to a lesser extent commercial premises and parking spaces. For expatriates and non-residents, the Costa del Sol property is the most common asset. All these assets have been valued since Ley 11/2021 using the cadastral reference value, which in some Costa del Sol municipalities can differ significantly from the market value. If the reference value exceeds the real market value, the heir can challenge it, though the burden of proving the lower value rests on the heir.
The deadline for filing and paying the Impuesto de Sucesiones is six months from the date of death. A further six-month extension can be requested, provided the application is submitted before the fifth month from the date of death. If the extension is granted, the total deadline is twelve months, though interest accrues during the second six months. Once the deadline has passed, a late filing generates surcharges: 1% per month for each month of delay up to twelve months from the voluntary filing deadline, and 15% for delays over twelve months, plus interest. Because the effective liability is very low with the 99% relief, surcharges can exceed the tax itself. Filing is made with the ATRIAN delegation in Malaga (Agencia Tributaria de Andalucia).
Malaga has a diverse family business sector: hospitality and tourism on the Costa del Sol, construction and real estate throughout the province, agrifood distribution in the Axarquia and the Vega, and a growing technology sector linked to the Parque Tecnologico de Andalucia. For the inheritance of shares in these businesses, the 95% reduction under article 20.6 LISD applies where the company carries on a genuine economic activity, the deceased or a family member exercised management functions and received more than 50% of their income from that activity, and the family shareholding represents at least 5% individually or 20% jointly. The combination of the 95% family business reduction with Andalusia's 99% relief means that passing a Malaga business to children can carry an effective fiscal cost close to zero. The required holding period is ten years from the date of death.
When the deceased held assets both in Malaga and abroad (a bank account in Germany, property in the United Kingdom, an investment portfolio in the United States), the Spanish ISD is calculated on the total value of all assets situated in Spain, while assets abroad are generally taxed in the country where they are located, unless a double taxation convention in inheritance matters applies. Spain has inheritance double taxation conventions with Greece, France, Sweden, and a small number of other countries, but not with Germany, the United Kingdom, or the United States. In these cases, double taxation may arise in both jurisdictions. BMC coordinates with specialists in the relevant country when the estate includes significant international assets.
Andalusia's 99% relief does not require the heir to hold the inherited property for any minimum period. The relief is applied at the time of the inheritance unconditionally, and a subsequent sale of the property does not put the already-applied relief at risk. This differs from the reduction for the deceased's primary residence (which does require retention for three years) and the family business reduction (which requires ten years). A child who inherits a Costa del Sol apartment can therefore sell it immediately after completing the estate administration without losing the ISD relief already granted. The sale will, however, generate a capital gain for income tax purposes (IRPF or IRNR depending on the heir's tax residency), which must be declared in the year of the sale.
Andalusia applies a 100% reduction on the Wealth Tax (Impuesto sobre el Patrimonio) liability for all taxpayers resident in the autonomous community, which in practice eliminates Wealth Tax for heirs who establish their residence in Malaga. However, the state Solidarity Tax on Large Fortunes (Impuesto Temporal de Solidaridad de las Grandes Fortunas, ITSGF) may apply to net wealth exceeding 3 million euros, as it acts as a minimum floor when the regional Wealth Tax relief is total. For non-resident heirs who retain a Costa del Sol property, Wealth Tax applies to the net value of assets in Spain if it exceeds the 700,000 euro exemption threshold. BMC analyses the post-estate wealth tax implications in each case.
Email
Contact