Succession Tax Rates Islas Canarias

Transcription

1 Succession Tax Rates Islas Canarias

2 This leaflet should be read in conjunction with our brochure The Blevins Franks Guide to Estate Planning in Spain. As explained in that brochure, each Autonomous Region such as Islas Canarias sets its own rates of succession tax. The rates of tax and exemptions for Islas Canarias are set out below. From this information, you will appreciate that the Spanish succession tax regime is extremely complex, particularly in comparison with the UK regime where there is only one rate of inheritance tax, 40%, which applies irrespective of the relationship or wealth of the beneficiary (apart from transfers between spouses which are tax exempt). It is therefore possible in this leaflet to provide only guidance on Spanish succession tax and the potential tax liabilities that you and your family may face. To understand the potential impact on your assets it is essential to obtain personal advice, based on your family s situation and estate planning objectives. Which assets are liable to Spanish succession tax? Assets situated in Spain; and/or Worldwide assets inherited by a Spanish resident. If you leave non-spanish assets (e.g. foreign investment funds) to a non-spanish resident (e.g. children living in the UK) Spanish succession tax does not apply. However, all assets passing to a surviving spouse resident in Spain are subject to Spanish succession tax. The rates of Spanish succession tax depend on four factors: 1. Your relationship with the beneficiary. 2. The value of the inheritance (i.e. the amount received by the beneficiary). 3. The total wealth of the beneficiary. 4. The Spanish region of residence as each Autonomous Region sets its own rates and exemptions. 'All assets passing to a surviving spouse resident in Spain are subject to Spanish succession tax.' Succession Tax Rates Islas Canarias

3 Relationship with Beneficiary In Islas Canarias, (as in the rest of Spain) the relationship with the beneficiary is divided into four groups to determine the rates of tax that will apply: GROUP I Natural and adopted children and grandchildren under 21 GROUP II GROUP III GROUP IV Natural and adopted children and other descendants aged 21 and over Parents Spouses In-laws and their descendants Step-children Brothers and sisters and other blood relatives All others including unmarried partners (although in Islas Canarias couples registered as a pareja de hecho are included in Group II) Tax-Free Allowances The Islas Canarias Spanish succession tax-free allowance for inheritances received by members of different groups is limited to: GROUP I 40,400 to 138,650, depending on the age of the children up to 21. GROUP II 40,400 (spouses) 23,125 (children over 21) 18,500 (other ascendants or descendants) GROUP III 9,300 GROUP IV Nil In Islas Canarias there is a 99.9% reduction of the final succession tax payable by spouses and children (Groups I & II). Rates of Succession Tax On inheritances above the tax free allowances, the rates of tax for Groups I and II beneficiaries start at 7.65% and rise to 34%. The following examples illustrate the higher rates of tax that are imposed on larger inheritances: VALUE OF INHERITANCE RECEIVED (by, for example, spouse or children) AMOUNT OF SUCCESSION TAX PAYABLE 250, ,000 1,108 1m 2, m 7,781

4 Wealth of Beneficiary The rates of Spanish succession tax are increased significantly for inheritances received by Groups III and IV beneficiaries and potentially increased further dependening on the total net worth of the beneficiary. This is effected by applying a multiplier to the standard rate for Groups I and II beneficiaries. The following table illustrates the impact of the multiplier system: NET WORTH OF BENEFICIARY TAX MULTIPLIER GROUPS I AND II GROUP III GROUP IV 250, m m To illustrate how the multiplier works, the tax on an inheritance of 250,000 received by a child would be 427 but if this same inheritance was received by a step-child the tax would be 67,918 ( 42,716 x 1.59), assuming the net worth of the step-child is less than 400,000. Main Home Relief A major concern for many couples is the potential tax liability arising on the first death, when the family home in Spain is inherited by the surviving spouse. In Islas Canarias, there is an important tax relief of 99.9% on the value of your main home provided that: It must be the home of the deceased. The inheritor must be the spouse or a direct blood relative (i.e. Group I or II). The property is retained for five years following death. However, the maximum deduction is 200,000 per inheritance. Tax planning is therefore essential for most families living in Islas Canarias. 'To understand the potential impact on your assets it is essential to obtain personal advice, based on your family s situation and estate planning objectives.'

5 The Next Step This leaflet can provide only a guide to how the Spanish succession tax regime operates for residents of Islas Canarias, but should serve to demonstrate the complexity of the succession tax rules and the care required to achieve the right estate plan for you. Blevins Franks has been advising British families living in Spain for over 25 years. Our experienced advisers who live and work in Islas Canarias are supported by qualified tax and legal specialists based in our offices in London, whose expertise in UK and Spanish cross-border tax and estate planning is, we believe, unsurpassed. With careful planning, it is usually possible to structure your Estate Plan to minimise your succession or inheritance tax liabilities. As the next step, we suggest that you arrange a meeting with your local Blevins Franks adviser to take advantage of our personal Estate Planning Review Service. 'With careful planning, it is usually possible to structure your Estate Plan to minimise your succession or inheritance tax liabilities.'

6 contact us This leaflet has been prepared based on the laws of the UK and Spain as at 16 March The tax rates, scope and reliefs may change. Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. It is a general guide only and, in explaining complex matters in a simple way, cannot be relied upon as a substitute for professional advice. Blevins Franks cannot accept any responsibility for loss occasioned by any person s action (or refraining from action) as a result of reading this guide. You must take detailed professional advice relevant to your particular circumstances before any action is taken. Blevins Franks Financial Management Limited (BFFM) is authorised and regulated by the Financial Conduct Authority in the UK, reference number Where advice is provided outside the UK, via the Insurance Mediation Directive from Malta, the regulatory system differs in some respects from that of the UK. Blevins Franks Trustees Limited is authorised and regulated by the Malta Financial Services Authority for the administration of trusts and companies. Blevins Franks Tax Limited provides taxation advice; its advisers are fully qualified tax specialists. This promotion has been approved and issued by BFFM. D35ES-IC.001.Mar2016 Blevins Franks