Spain remains one of the most popular destinations for UK expatriates, with an estimated 275,000 British nationals currently living there and a consistent number of families, professionals, and retirees relocating each year.
As with any overseas move, expatriates must consider the long-term financial implications of a change in tax residency. This includes those who have been resident in Spain for some time but have yet to review their estate plans and the significant tax burdens that beneficiaries may be exposed to.
Chase Buchanan Private Wealth Management, the global financial advisers and wealth managers with a long-established presence in Spain and across Europe, have put together a concise guide to explain why succession planning is so important and why it matters for expats of any age.
An Overview of Succession Planning for Expats Living in Spain
Succession planning is a key aspect of financial management for every family, but it is also something we often find overlooked, particularly for expatriates who aren't yet approaching retirement age. However, putting plans in place sooner rather than later may be key to long-term generational wealth protection.
In brief, succession planning isn’t solely about calculating inheritance tax liabilities. It is about who you would like to inherit your assets and wealth in all jurisdictions, and implementing strategies to ensure you can pass on wealth to your selected beneficiaries tax-efficiently.
This can be a complex area of financial planning, given that when we start putting together succession plans, we need to consider a broad range of assets and circumstances, from property portfolios and investments to life insurance products and assets.
Without a plan, some families find out too late that they have sacrificed control over nominating heirs or are subject to significant tax liabilities they had not planned for.
This is wholly relevant for expats in Spain since forced heirship rules apply, something many UK nationals are unfamiliar with, but a set of regulations common in most European countries. These rules set out which direct relatives have a protected inheritance entitlement and also set out specific allowances.
Understanding Inheritance Tax Rules and Rates for Spanish Tax Residents
As in the UK, Spanish tax residents are usually subject to inheritance tax on their worldwide assets and wealth. That said, complications can arise where the estate owner has any ambiguity about their tax residency position or could be considered a tax resident in two places.
Assuming an expat lives primarily or only in Spain, the Spanish inheritance tax rates will apply. The tax is payable by the beneficiary, regardless of whether or not they are also Spanish residents. Double tax treaties may apply, and professional advice is essential to ensure these are applied and claimed correctly.
For instance, if the adult child of a Spanish tax resident inherits a property located in the UK, there may be scenarios where this is considered subject to both UK and Spanish tax. In this case, the treaties mean the largest liability will usually 'cancel out' the other to avoid a situation where the same inheritance could be taxed twice.
Another complication is that inheritance tax rates vary within Spain. Each localised municipality has autonomy over the allowances and rates it applies. Generally, inheritance tax rates in Spain start at 7.65% for assets valued up to €7,993, with a top rate of 34% on inherited assets worth €797,555 or more.
However, regions like Andalucia, Madrid, Murcia, the Canary Islands, and the Balearics, to name just a few, have allowances of as high as 99.9%, which all but eliminate inheritance taxes, depending on the category the recipient falls into, determined by their relationship to the deceased.
Familial Inheritance Tax Allowances in Spain
While noting that these do not apply in all Spanish jurisdictions, the most generous tax allowances apply to heirs in groups one to three. Group I includes children under 21, Group II applies to adult children, spouses, and parents, and Group III includes siblings, aunts or uncles, cousins, stepchildren, nephews and nieces, and in-laws.
Group IV applies to all other beneficiaries, including unmarried partners in some municipalities. This excludes those within a region governed by rules that mean partners are treated the same way for tax purposes as spouses, including Valenciana and Andalucía.
This means that the inheritance tax liabilities associated with your estate will depend on who you would like to receive your assets, where you live, the location of your assets, and how your wishes align with the forced heirship rules we mentioned previously.
Spanish succession law applies forced heirship rules that generally state that children have a protected entitlement to receive two-thirds of the estate. This means that without advance planning, it might be impossible for a tax resident to leave the entirety of their estate to a spouse.
Thus, consulting an experienced succession planning adviser who can factor in all of these considerations is essential, working with a professional who can advise if there are contrasts between the forced heirship rules and how you'd like your estate to be distributed.
Why Strategic Succession Planning is Key for Spanish Expatriates
Understanding the varied allowances, exemptions, tax liabilities, and the treatment of estates owned by a Spanish tax resident and inherited by an heir outside of Spain is potentially very complex. This is why detailed succession planning and accurate, up-to-date wills that are legally valid in Spain are essential aspects of financial planning.
It’s also worth pointing out that, under the recently revised residency rules introduced by the UK government, expatriates who divide their time between Spain and the UK or who haven't lived in Spain permanently for at least ten years are more likely to be exposed to challenges around their exposure to UK inheritance tax.
Tailored succession planning isn’t only focused on calculating accurate inheritance tax obligations, factoring these into finances, and deciding how best to manage an estate; it's also about gaining clarity over long-term financial tax burdens and making informed decisions without time pressures, which can pay dividends in the years to come.
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About Chase Buchanan Private Wealth Management
Chase Buchanan is a highly regulated wealth management company that specialises in providing global finance solutions for those with a global lifestyle. We are global financial advisers, supporting expatriates around the world from our regulated European headquarters, and local offices across Belgium, Canada, Canary Islands, Cyprus, France, Malta, Portugal, Spain, UK and the USA.
All investments carry risk, including the potential loss of capital. You should carefully consider whether investing is suitable for you, taking into account your personal circumstances, financial situation, and risk tolerance.
Chase Buchanan Ltd is authorised and regulated by the Cyprus Securities and Exchange Commission with CIF Licence 287/15.
