In Spain, when someone passes away, the heirs are required to make the Inheritance Tax payment (IHT). The amount varies depending on the region and the degree of kinship between the heirs and the deceased. This week we analyse a question that clients often ask us. Can the Inheritance Tax be paid directly from the deceased’s bank account?.
Deadlines for the Inheritance Tax payment in Spain. Extensions.
In Spain, the countdown to pay Inheritance Tax starts on the date of death. The general deadline is 6 months. If the payment is made after that, heirs will face interest and surcharges. However, within the first 5 months after the death, it is possible to request a six-month extension. This extension prevents surcharges, but not interest.
Responsibility for the tax payment. Regional differences.
In Spain, the Inheritance Tax payment is a personal obligation of each heir. The amount depends on the value of the inheritance received, available deductions and the applicable regulations (state or regional). For instance, in the Valencian Region, close relatives (parents, children, spouse) enjoy significant tax reductions, while distant relatives or non-family members often face a much higher tax burden.
First the Tax, then the Assets.
In Spain, heirs cannot freely dispose of the inherited assets until the Inheritance Tax has been paid. Law 29/1987 on Inheritance and Gift Tax establishes that banks may be held subsidiarily liable for the tax if they allow heirs to withdraw funds without first proving that the tax obligations have been fulfilled. In other words, if a bank releases the money before confirming that the Inheritance Tax payment has been completed, the Tax Office may reclaim that amount from the bank itself.
This is why financial institutions immediately block the deceased’s accounts once they become aware of the death, preventing withdrawals from the heirs until proof of tax payment is provided. What can the heirs do, when they do not have enough money to pay the IHT?
Paying the Inheritance Tax from the deceased’s bank account.
According to Article 8 of Law 29/1987, financial entities will not be held liable when they: “limit themselves to selling, at the heirs’ request, the necessary securities exclusively for the purpose of the Inheritance and Gift Tax payment on the mortis causa transfer, provided that the proceeds obtained in that sale are used to issue a bank cheque made out to the name of the Spanish Tax Authority”.
This opens the door for heirs to ask the bank to use the deceased’s funds or shares to pay the tax directly. Although some banks may be reluctant, this possibility is expressly recognised by the Bank of Spain.
Conclusion.
The Inheritance Tax payment is a crucial step in every inheritance process in Spain. At White Baos Lawyers we are experts in Inheritance Law and Inheritance Tax matters. If you need assistance with an inheritance in Spain, please contact us for expert legal advice.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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