Monthly Newsletter - Arcos & Lamers Asociados

(English) Monthly Newsletter - Arcos & Lamers Asociados
heirs in Spain

Kind of heirs. Three parts of an inheritance in Spain. How to disinherit a child or spouse in Spain

According to Spanish legislation, there are three types of heirs:

Voluntary heirs:

Those appointed in the will. Should they come to decease before the testator, the right to inherit will not be passed on to their descendants.

Heirs entitled to a reserved share:

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company tax in Spain

Corporate tax in Spain. Total and partial exemptions

The Law on corporate tax 27/2014 is the law applicable on the tax periods since 01.01.2015. As is usual, this law makes a distinction between companies with a total or partial exemption.

Companies that are exempted from corporate tax

In general, the income of companies that are exempted from this tax, have not been defined nor classified. In this kind of companies, their income is simply exempted.

These are mostly entities of the public sector that are totally exempted from this corporate tax and thus they are exempted from:

  • The obligation to present their corporate tax refund.
  • To pay withholdings on their income.
  • To comply with the requirements regarding registers, accountancy, etc.

A few examples of these companies  that are totally exempted from corporate tax:

  • The Spanish state, autonomous communities and local entities.
  • The Spanish Bank, Guarantee funds of deposits of credit entities.
  • Management entities of the social security system.
  • Entities that are partially exempted from this tax.

Special system for partial exemption of the corporate tax.

The difference with the general system is that the special system only makes a parital exemption of the corporate tax. This system stipulates exactly which income is being exempted.

  • Professional associations: Services for the approval of a project for example are exempted but not the income from formation activities.
  • Compensation council: They have legal personality. The compensation councils are created by the owners of plots with obligatory assignments so that urban facilities can be carried out. The compensation councils can be considered as entities partially exempted from corporate tax to the extent that they are non-profit associations. Should you wish to read more about these non-profit associations in Spain, just click here.

Do not hesitate to contact our expert team of accountants and fiscal advisors in Marbella if you are the owner or the director of a company. Our firm will offer you the best guarantees and will make sure you comply with Spanish legislation.

María Teresa Arcos, lawyer in Marbella.

Wim Lamers, accountant in Spain.


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Inheritance in Spain

Regulation of European Union in matters of succession. European Certificate of succession. III

Inheritance, Wills and succession in Spain

REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012, on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession

Unified version of E.U Certification of Succession


Whereas 18 of the Regulations states that the European Certificate of Succession issued under this Regulation should constitute a valid document for the recording of succession property in a register of a Member State. This should not preclude the authorities involved in the registration from asking the person applying for registration to provide such additional information, or to present such additional documents, as are required under the law of the Member State in which the register is kept, for instance information or documents relating to the payment of revenue. The competent authority may indicate to the person applying for registration how the missing information or documents can be provided

The Certificate of succession is for use by heirs, legatees having direct rights in the succession and executors of wills or administrators of the estate who, in another Member State, need to invoke their status or to exercise respectively their rights as heirs or legatees and/or their powers as executors of wills or administrators of the estate.

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Inheritance in Marbella and Spain

Regulation of European Union en matters of succession. European Certification of Succession. II

Following our post REGULATION OF EUROPEAN UNION IN MATTERS OF SUCCESSION. EUROPEAN CERTIFICATE OF SUCCESSION.I (see here) Regulation No. 650/2012 is coming to unify the different European rules on succession matters and the granting of a European Certificate of Succession.


Inheritance, Wills and succession in Spain


In a later post will discuss the main characteristic of this European Certificate of Succession, although now will provide you some guides about the Regulation 650/2012, which comes into effect on August 17, 2015.

This Regulation establishes as general rule that the law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death (we will not come to regard as this rule affects our internal law that states that the succession shall be governed by the national law of the deceased at the time of his death ... (art. 9.8 Civil Code).

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