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.
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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.
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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.
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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.
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Family business in Malaga
95% reduction stacks with the 99% relief — effective liability close to zero.
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Deadline
6 months from date of death with ATRIAN; extension available if requested before the fifth month.
From first contact to case completion
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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.
How we do it
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.
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.
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.
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).
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.
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:
- 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).
- Months 3-5: Preparing the self-assessment, valuing assets, calculating the taxable base for each heir, and applying reductions and reliefs.
- Before the fifth month: Applying for the extension if timelines are tight.
- Before the sixth month: Filing the self-assessment (Form 650 or 652) with ATRIAN in Malaga.
- 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.
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