🇪🇸 What Is Gift Tax in Spain?
Spain’s gift tax (Impuesto sobre Sucesiones y Donaciones) applies when someone gives you money, property, or assets — even if the gift is between family members. It’s part of the same legal framework as inheritance tax, but applies to lifetime transfers, not estates.
Many foreigners are surprised to learn that:
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Spouses, children, and parents are still taxed (though often at reduced rates)
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Non-residents must still pay gift tax when gifting or receiving assets located in Spain
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Regional exemptions vary significantly
🧑💼 Common Scenarios That Trigger Spanish Gift Tax
| Situation | Taxable? |
|---|---|
| A parent gives a child money for a home in Spain | ✅ Yes |
| A non-resident gifts a Spanish property to their child | ✅ Yes |
| You receive a cash gift while living in Spain | ✅ Yes |
| You transfer shares or bank accounts in Spain to a relative | ✅ Yes |
Even if no money changes hands, the notarial act of donation makes the gift taxable under Spanish law.
💶 Gift Tax Rates in Spain
Gift tax is progressive, based on:
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The value of the gift
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The relationship between the giver and receiver
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The region where the gifted asset is located
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Whether the recipient is a tax resident in Spain
| Gift Value (€) | Base Rate |
|---|---|
| Up to €7,993 | 7.65% |
| €7,993 – €31,956 | 7.65% – 10.2% |
| €31,956 – €79,881 | 10.2% – 15.3% |
| €79,881 – €239,389 | 15.3% – 21.25% |
| Over €239,389 | Up to 34% |
🔹 Multipliers apply if the recipient is a distant relative or unrelated.
🌍 Gift Tax for Non-Residents
Even if neither party lives in Spain, gift tax applies if the gifted asset is located in Spain (e.g., property, bank accounts).
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EU/EEA citizens can claim regional benefits
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Non-EU residents may be limited to the national rules, with fewer deductions
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Cash gifts sent into Spain are also subject to reporting and potential tax
📍 Regional Gift Tax Benefits (Examples)
| Region | Reductions for Close Family? | Notes |
|---|---|---|
| Madrid | ✅ 99% reduction | Applies to parents, children, spouses |
| Andalucía | ✅ Generous exemptions | Gifting property to children is common |
| Valencia | 🔶 Partial reductions | More restrictions for non-residents |
| Catalonia | 🔶 Reduced rates, but limited | Formal proof often required |
📝 Do You Need a Notary for Gifts in Spain?
Yes — gifts of real estate, vehicles, shares, or large cash amounts typically must be:
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Documented in a public deed
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Signed in front of a Spanish notary
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Declared using Modelo 651 (gift tax declaration form)
💡 Banks often require proof of filing before accepting large cash deposits from gifts.
⚠️ Common Mistakes to Avoid
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❌ Assuming family gifts are tax-free
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❌ Failing to file Modelo 651 within 30 days
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❌ Overlooking regional benefits
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❌ Sending large bank transfers without legal documentation
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❌ Giving property without calculating capital gains implications for the giver
⚖️ How a Spanish Lawyer Can Help
Our team will:
✅ Advise on whether a gift is taxable
✅ Calculate your gift tax liability with regional exemptions
✅ Draft donation deeds and handle notarial process
✅ File Modelo 651 and pay the correct amount
✅ Help non-residents and EU/EEA citizens optimize filings
📞 Speak to a Gift Tax Lawyer in Spain Today
If you plan to give or receive money, property, or assets in Spain, don’t risk unexpected taxes or fines. We help expats, families, and non-residents manage gifts legally and efficiently.
👉 Book a consultation with a Spanish gift tax lawyer today.