Over 65 and Gifting Your Home in Spain: The Capital Gains Exemption
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The short answer If you are over 65, or in a situation of severe or great dependency, the gain on transferring your habitual residence is exempt from Spanish income tax, and that includes giving it away. In March 2026 the tax directorate confirmed that donating 50% of the home to…
Gift Tax in Spain for Non-Residents: Giving or Receiving Spanish Assets
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The short answer A recipient who does not live in Spain pays Spanish Gift Tax only on assets located in Spain, files the self-assessment (Modelo 651) with the Spanish tax agency, and may apply the rules of the region connected to the asset. The return is due within thirty working…
Gift Tax in Andalucía: The 99% Relief and Its 2026 Conditions
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The short answer In Andalucía, children and other descendants, spouses and parents who receive a gift apply a 99% reduction on the Gift Tax due. Since the amendment consolidated at the end of 2025, the relief depends on declaring the gift of your own accord and, for gifts above €5,000,…
Donations in Spain: Tax and Legal Guide for International Families
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The short answer In Spain a gift can trigger up to three taxes, and they fall on different people: the recipient pays Gift Tax and, for urban property, the municipal plusvalía, while the donor may owe income tax on any gain. Where the recipient lives and where the asset sits…
Inheriting Property in Spain from the Gulf: A 2026 Guide for GCC Heirs
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Quick answerGulf-resident heirs of Spanish property face one tax, not two: most GCC states levy no inheritance tax, so Spain’s is the whole bill. Since 2018 non-EU heirs may apply the regional reductions previously reserved to EU residents, and heirs who were denied them may be able to reclaim. Spain’s…
Inheriting Property in Spain from Ireland: A 2026 Guide for Irish Heirs
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Quick answerIf you live in Ireland and inherit Spanish property, two separate taxes apply: Spanish inheritance tax on the property, and Irish CAT on you as beneficiary. There is no Ireland-Spain inheritance treaty, so relief comes from Irish unilateral relief. Spain’s return is due within six months of the death….
Using Inheritance Money to Buy a Property in Spain: The Documentation You Need
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Inherited money spends the same as savings — but proving where it came from, to a Spanish notary’s satisfaction, requires a different and more specific set of documents than a simple bank statement. The principle is the same, the paperwork is not Every Spanish property purchase requires the buyer to…
Inheritance Planning for Property Owners in Cádiz: Wills, Tax and Marriage Regime
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We see the same story on repeat: the expat who bought in Sotogrande ten years ago, loved the house, and never made a Spanish will. When they die, the family inherits not just the property but a cross-border legal problem that was entirely avoidable — and far cheaper to solve…
How to Resolve a Spanish Inheritance Dispute (2026)
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Quick answer: To resolve a Spanish inheritance dispute, work in order: establish which national law applies, obtain a full inventory of the estate, attempt a negotiated partition, and — only if the heirs deadlock — ask the court for a judicial partition, while preserving any right to challenge the will…
What Happens When Heirs Disagree Over a Spanish Estate (2026)
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Quick answer: Most Spanish inheritance disputes start with one of three things — Spain’s forced-heirship rules (the legítima), a foreign will that clashes with Spanish law, or heirs who simply cannot agree how to divide the estate. Because Spanish law reserves a fixed share for children and gives the surviving…
Spanish Inheritance Process 2026: Guide for Foreign Heirs
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Spanish Inheritance Process: Step-by-Step Guide for Foreign Heirs Inheriting Spanish property, bank accounts or other assets as a foreign heir is a 6-step legal process that typically takes 3-6 months when a Spanish will exists. The single most critical deadline is the 6-month limit for filing Spanish inheritance tax (Impuesto…
Spanish Supreme Court Judgment 443/2026: Reinforcing Limits on Bank Defences under Law 57/1968
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The Spanish Supreme Court Judgment 443/2026 (23 March 2026) provides a valuable opportunity to revisit two recurring issues in litigation under Law 57/1968: the attempt to exclude its application by broadly characterising the purchaser as an investor, and the argument that banks cannot be held liable because they were unaware…
Today’s Case Study – 13 November at CostaLuz Lawyers: Snag Lists, Developers and Your Rights in New-Build Properties in Spain
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Buying a new-build property in Spain – a villa or an apartment – is exciting, but the final stage (handover and snagging) can be stressful, especially when the developer refuses to sign or commit to the defects you’ve identified. Today’s real case at CostaLuz Lawyers, from a buyer we’ll call…
10 Key Questions Non-Residents Ask When Selling Property in Spain (2025 Edition)
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Executive Brief Action: send five data points; receive an indicative 2025 net figure before you list. Objective: help non-resident sellers predict their real take-home in Spain (2025 rules). Key variables: sale price, agent fee, purchase data, improvements, 3% withholding, CGT (19%), plusvalía. Output: a clean checklist + an illustrative case…
How to Find Out if Someone Owns Property in Spain (and Why It’s Better Through a Lawyer)
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The danger when buying in Spain is trusting the seller’s or agent’s word on ownership — undisclosed mortgages, embargoes or charges only surface in an independent Land Registry check. How do you find out who owns a property in Spain? You request a nota simple from the Land Registry (Registro…
The Truth About Buying Off-Plan in Spain (6/6)Final checklist for a safe purchase
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Posted on October 9, 2025 by María You’re reading 6/6. Read: 1 | 2 | 3 | 4 | 5 Why this matters When the dust settles and the keys change hands, your real protection comes down to documents, timing, and signatures that line up. Spain rewards the disciplined buyer:…
Legal Hot Topics in Spain’s Real Estate: Must-Knows for Expats
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As we do every Thursday, we dive into the latest news from the idealista Newsletter to give you the essential legal commentary you need to navigate the Spanish property market. Stay informed about the latest legal developments that could affect you, your home, and your investments. 1. Community Fees (Gastos…
Living in Spain? How European Law Affects Your Succession Planning
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If you’re living in Spain, whether as a retiree or as a foreign national with assets here, understanding how succession law works is crucial. In Spain, inheritance laws are influenced by both national and European regulations, which can make the process a bit tricky, especially when it comes to cross-border…
Living Between Two Worlds: British, American or Canadian — and Building a Life in Spain?
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If you’re an expat in Spain with family, financial or legal ties to the UK, the US, or Canada, you’re not alone — and you’re also in a legal grey area more often than you think. You might already be asking: Can my UK or US prenuptial agreement be enforced…
Expert Legal Services for International Succession Cases: Spanish Inheritance Law and Affidavits
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At Costaluz Lawyers, we understand the complexities of international succession and inheritance cases. If you are navigating an inheritance issue that involves Spanish assets or requires the validation of Spanish law, our team of expert lawyers is here to provide you with clear, professional support. One of the essential services…