How to Challenge a Property Valuation for Spanish Inheritance Tax

If a property you have inherited in Spain has been valued higher than you believe it is genuinely worth, that valuation is not necessarily the final word. Here is what can actually be done about it, and what is still genuinely unsettled.

Why the valuation matters so much for inheritance tax

Since a 2022 reform, Spanish inheritance tax is calculated on whichever is higher: the value actually declared, or the Catastro’s official valor de referencia (reference value) for the property. When that reference value comes in above what the property is genuinely worth, it directly inflates the tax bill — sometimes substantially.

The reference value can be challenged

This is not a fixed, unchallengeable figure. Spain’s Constitutional Court confirmed in a 2026 ruling that the reference value can be rebutted with contrary evidence. The central piece of evidence in practice is a solid, independent technical expert valuation showing the property is genuinely worth less than the Catastro figure.

What is genuinely still unsettled

Being honest about the current state of this area matters more than pretending it is simple: the precise administrative channel for challenging the reference value is still being clarified by the Spanish courts as of 2026, and the older “tasación pericial contradictoria” route that used to apply to other valuation disputes does not map directly onto this newer reference-value mechanism. What is settled is the underlying right to challenge with expert evidence — the exact procedural path can depend on the specific circumstances of your case, and is genuinely evolving law rather than a fixed rule.

What to do if this applies to you

Get an independent expert valuation before you decide how to proceed, and have a lawyer who follows this specific, currently-evolving area advise on the right procedural route for your circumstances — generic guidance is not reliable here in the way it is for more settled areas of tax law.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es if you believe an inherited property’s valuation for Spanish inheritance tax is too high.

Frequently Asked Questions

What is the “valor de referencia” and why does it matter for inheritance tax?

Since a 2022 tax reform, Spanish inheritance tax is calculated on the higher of two figures: the price actually declared, or the Catastro’s official “reference value” (valor de referencia) for the property. If the reference value is higher than what you consider the property is genuinely worth, it directly increases the tax due.

Can the reference value actually be challenged?

Yes. Spain’s Constitutional Court confirmed in a 2026 ruling that the reference value can be rebutted with contrary evidence — it is not treated as an unchallengeable fixed figure.

What kind of evidence is needed to challenge it?

A solid, independent technical expert valuation of the property is the central piece of evidence used to argue the reference value is too high.

Is the exact legal procedure for challenging it fully settled?

Not entirely — this is a genuinely evolving area of Spanish tax law, with courts still clarifying some of the procedural detail as of 2026. What is settled is the right to challenge with expert evidence; the precise administrative channel can depend on your specific circumstances.

Should I challenge the value before or after paying the inheritance tax?

This depends on your specific timeline and circumstances, and is exactly the kind of decision that needs a lawyer familiar with the current, evolving state of this area rather than a general rule.

Does this apply to all heirs, or only non-residents?

The reference-value mechanism applies to inheritance tax generally in Spain, not only to non-resident heirs — though the applicable regional rules and bonifications can differ depending on residency.