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Practical Heritage Manual 2022.

Special rule: progressively exempt goods and rights

Regulations: Art. 32 Wealth Tax Law

Taxpayers subject to the Tax due to a personal obligation to contribute who are owners of assets or rights located or that can be exercised or must be fulfilled in a State with which Spain has signed a bilateral agreement to avoid double taxation, by virtue of which said assets are exempt from the Spanish Tax, but can be taken into account to calculate the Tax corresponding to the remaining assets, must determine the full amount in accordance with the following procedure:

  • The value of the exempt assets and rights, determined in accordance with the tax valuation rules, reduced, if applicable, by the value of the charges, encumbrances and debts corresponding to them, If there is no such exemption, they would be considered tax deductible, it must be added to the amount of the taxable base, in order to determine the basis for the application of the tax scale.

  • Once the resulting quota is obtained, the average tax rate is determined. Said average tax rate is the result of multiplying by 100 the quotient resulting from dividing the fee by the base for the application of the tax scale.

  • Once said average rate is obtained, it will be applied exclusively on the liquidable base , not including exempt goods and rights, except to determine the tax rate, also called progressively exempt elements.