Author: Daniel M.
Profession: Lawyer
Daniel is a seasoned lawyer specialising in inheritance, tax law, and international legal matters, offering expert guidance on Spanish and EU regulations for seamless estate and tax planning.
Article Last Updated: 12 Jan, 2025 under Inheritance

As part of Spain's Balearic Islands, Ibiza follows specific regional inheritance tax regulations that apply to both residents and EU citizens who are non-residents. 

Following a landmark European Court of Justice ruling and subsequent Spanish legislation, these regulations ensure equal treatment regardless of residency status within the EU.  

The inheritance tax system in Ibiza operates under the framework established by the Parliament of the Balearic Islands through Decree Law 1/2014, most recently updated through Law 11/2023. This comprehensive system includes various deductions, exemptions, and special provisions designed to benefit different categories of inheritors.

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1. Key Concepts in Inheritance Taxation

Before diving into specific rates and exemptions, it's important to understand two fundamental concepts in Ibiza's inheritance tax system:

  1. Deductions: These reduce the taxable base before applying the tax rate. For example, with a €100,000 inheritance and a 95% deduction, tax would only be calculated on €5,000.
  2. Rebates: These reduce the final tax payable. If your calculated tax is €1,000 and you qualify for a 99% rebate, your final tax payment would be €10.

2. Beneficiary Classifications and Deductions

The tax treatment of inheritances in Ibiza varies based on the beneficiary's relationship to the deceased. The classification system includes:

 

  1. Group I: Children, including adopted children, under the age of 21
  2. Group II: All other descendants, spouses and parents
  3. Group III: Close relatives such as brothers and sisters, grandparents, aunts and uncles
  4. Group IV: More distant relatives

3. Personal Deductions by Group

The following are the additional deductions available in Ibiza:

  1. Group I: €25,000, plus €6,250 for each year under 21, with a maximum limit of €50,000
  2. Group II: €25,000
  3. Group III: €8,000
  4. Group IV: €1,000

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4. Standard Tax Rates and Calculations  

For inheritors who are not close family, the following progressive tax rates apply:

Base up to € Base Tax € Remaining Base up to € Marginal Rate %
0 0 8,000 7.65
8,000 612 8,000 8.50
16,000 1,292 8,000 9.35
24,000 2,040 8,000 10.20
32,000 2,856 8,000 11.05
40,000 3,740 8,000 11.90
48,000 4,692 8,000 12.75
56,000 5,712 8,000 13.60
64,000 6,800 8,000 14.45
72,000 7,956 8,000 15.30
80,000 9,180 40,000 16.15
120,000 15,640 40,000 18.70
160,000 23,120 80,000 21.25
240,000 40,120 160,000 25.50
400,000 80,920 400,000 29.75
800,000 199,920 and above 34.00

As an example, an inheritance of €20,000 (after all other deductions applied) would attract inheritance tax of €1,292 (tax applicable up to €16,000) + €4000 @ 9.35% = €1,666.

5. Special Tax Rates for Groups I & II

 For children under the age of 21 and other children, spouse and parents of the deceased, the following rates apply:

Base up to € Base Tax € Remaining Base up to € Marginal Rate %
0 0 700,000 1
700,000 7,000 300,000 8
1,000,000 31,000 1,000,000 11
2,000,000 141,000 1,000,000 15
3,000,000 291,000 and above 20

6. Existing Wealth Multipliers in Ibiza

In Spain, inheritance tax accrues to the individual beneficiary, and as a result, in order to calculate the inheritance tax payable, it is necessary to take into account the both the existing personal wealth of the beneficiary and the group of beneficiaries (as defined above) that they belong to. In Mallorca, the coefficients are as follows.

Pre-existing Wealth € Groups I & II Group III (2nd & 3rd degree collateral by blood or affinity) Group III (2nd & 3rd degree collateral by affinity) Group IV
0 to 400,000 1.0000 1.2706 1.6575 1.7000
400,000 to 2,000,000 1.0500 1.3341 1.7000 1.7850
2,000,000 to 4,000,000 1.1000 1.3977 1.7850 1.8700
More than 4,000,000 1.2000 1.5247 1.9550 2.0400

To take the previous example of an inheritance of €20,000, if the beneficiary is the sibling of the deceased, with existing wealth (including all assets) of €1,000,000, then as a sibling they would be in Group 3 and with an existing wealth as stated, a multiplier of 1.3341 would be applied to the inheritance tax payable i.e.  €1,666 x 1.3341 = €2,222.61.

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7. Special Provisions and Reductions

Primary Residence Benefits

Inheriting a primary residence can qualify for a 100% reduction up to €270,151.20 per beneficiary, provided:

  1. The inheritor is a spouse, ancestor, descendant, or relative over 65 who lived with the deceased
  2. The property is retained for at least 5 years
  3. For relatives over 65, cohabitation for 2 years before death is required

Business Asset Inheritance

A 95% reduction applies when inheriting:

  1. Business enterprises
  2. Professional practices
  3. Company shares

Requirements include:

  1. Meeting Wealth Tax exemption criteria
  2. Maintaining ownership for 5 years
  3. Extended availability to third-degree relatives if no direct descendants exist

Additional Reductions

Disabled Beneficiaries

  1. 33-65% disability: €48,000 reduction
  2. Over 65% physical/sensory or 33% mental disability: €300,000 reduction

Vehicle Inheritance

  1. Zero-emission vehicles: 50% reduction
  2. ECO-classified vehicles: 25% reduction

Life Insurance Benefits

  1. 100% reduction up to €12,000 for close family
  2. Full reduction for terrorism victims and humanitarian service
  3. Special provisions for international peace mission casualties

8. Recent Tax Reforms and Rebates

Following Law 11/2023, significant tax rebates are available:

  1. 100% rebate for children, spouses, and parents
  2. 50% rebate for siblings and blood nephews/nieces
  3. 25% rebate for relatives by marriage

Double Transmission Protection

When assets are transmitted multiple times within a 12-year period to descendants, special reductions apply based on previously paid taxes.

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9. International Inheritance Considerations

Foreign Asset Inheritance

For Ibiza residents inheriting foreign assets:

  1. Regional Balearic regulations apply
  2. Double taxation treaties may affect tax treatment
  3. Form 720 declaration requirements apply
  4. Special considerations for foreign property inheritance

Cross-Border Inheritance Management

  1. Applicable double taxation treaties (France, Sweden, Greece)
  2. Primary taxing rights determination
  3. Foreign asset declaration requirements
  4. Penalties for non-compliance

10. Processing an Inheritance

Essential steps for processing an inheritance in Ibiza:

  1. Obtain death certificate
  2. Secure Certificate of Last Wills
  3. Locate and verify the will
  4. Gather required documentation
  5. Obtain NIE numbers for heirs
  6. Calculate applicable inheritance tax
  7. Complete inheritance deed
  8. Pay required taxes
  9. Register asset transfers
  10. Submit any required international declarations

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11. Strategic Gift Planning

Alternative to Inheritance: Lifetime Gifts

Gift tax rates in Ibiza:

  1. 0-200,000€: 5%
  2. 200,000-600,000€: 7%
  3. Over 600,000€: 9%

Important Gift Tax Considerations

  1. One-month payment deadline
  2. Proper documentation requirements
  3. Registration obligations
  4. Plus Valía tax implications
  5. Municipal tax variations

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