If you own real estate in Alicante and:
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You pass it on to your children or spouse, or
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You gift it to someone during your lifetime,
Spanish Inheritance and Gift Tax (ISD) applies — even if neither party lives in Spain.
At Borderless Lawyers, we help foreigners:
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Minimize tax exposure
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Comply with local and national filing rules
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Draft wills and handle succession safely
📊 Who Pays the Tax?
In Spain:
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The recipient (heir or beneficiary) pays the tax
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The taxable base is based on the value of the asset received, minus allowable deductions
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Rates and exemptions vary by region — Alicante falls under Valencia regional rules
💰 Inheritance Tax Rates in Alicante (Valencian Region)
| Relationship | Tax Rate | Typical Allowances |
|---|---|---|
| Spouse / Children | 7–34% | €100,000 exemption per child or spouse |
| Grandchildren | 7–34% | €100,000 |
| Siblings / Nephews | 7–34% | Small or no allowances |
| Unrelated (friends, partners) | 7–34% + surcharge | Usually no allowances |
📌 Rates are progressive — the higher the value inherited, the higher the tax rate.
🎁 Gift Tax in Alicante (Donaciones)
Gift tax applies when you transfer ownership of property during your lifetime.
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Same rates and exemptions as inheritance tax
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Must be declared within 30 working days of transfer
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Notaries must notify tax authorities of the transaction
✅ We handle the entire gifting process — including document drafting, filing, and notary coordination.
⚖️ What Happens If You Don’t Plan?
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Heirs may face unexpected tax bills
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Properties may be frozen until taxes are paid
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Surviving spouses or children may have to sell to cover costs
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If no will exists, Spanish intestate rules apply — not your home country’s law
🛑 Cross-border inheritance is complex. Avoid assumptions.
📄 Spanish Will vs. Foreign Will
If you own property in Alicante, we strongly recommend signing a Spanish will.
Benefits include:
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Faster probate
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Clear indication of applicable law (e.g., your national law under EU Regulation 650/2012)
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Reduced risk of legal conflict or delay
We draft bilingual Spanish wills valid for property located in Spain.
🧾 Common Documents Required
To process an inheritance or gift, you’ll typically need:
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Death certificate (official and translated)
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NIE number for heirs
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Escritura (title deed)
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Catastro data
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IBI tax receipt
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Will (Spanish or foreign, legalized)
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Proof of kinship (birth or marriage certificates)
We manage the entire process — from translation to tax filing.
💡 Strategies to Reduce Inheritance or Gift Tax
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Gifting early (to benefit from current allowances)
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Ensuring residency status aligns with regional rules
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Setting up usufruct (life interest agreements)
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Signing a Spanish will clearly designating heirs
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Transferring through succession planning vehicles (e.g. foreign trusts, company holding structures — if applicable)
Every case is unique — we tailor the strategy to your nationality, residence, and goals.
🧑⚖️ Why Foreigners Choose Borderless Lawyers
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Inheritance & gift tax planning for non-residents
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Spanish wills in your language
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Probate & gifting handled remotely via Power of Attorney
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Transparent, fixed-fee legal support
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Tax optimization advice with local expertise
📞 Own Property in Alicante? Plan Your Succession Now
Avoid costly delays or tax burdens for your family.
Let our international team help you plan and file everything correctly — and protect your assets.