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What it is

Proposal to cut and standardize Spain's inheritance and gift tax

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 4 September 2018. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill amending Law 29/1987, of 18 December, on Inheritance and Gift Tax.

Source: Congreso de los Diputados, file 122/000270· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would reorganize kinship groups: spouses, registered partners, ascendants and descendants would all fall into Group I, regardless of age, ending the disadvantage faced by children over 21 and unmarried couples.
  2. It would set minimum state reductions by kinship (€1,000,000 for Group I, €350,000 for Group II and €125,000 for Group III) plus a 100% credit on the tax bill for Group I, so inheritances and gifts within the close family would not be taxed. Regional governments could not set lower amounts.
  3. It would expand other state reductions: €180,000 or €360,000 for disability or dependency, 100% of the value of the deceased's main home, of family businesses and professional practices, of farms and forests, plus a new reduction for cash gifts used to start or expand a business.
  4. The deadline to file and pay would go from six months to one year when at least 75% of the estate is illiquid assets, such as real estate, and payment in kind with homes or rural land would be allowed if the regional government provides for it.
  5. The tax cut would have to be factored into the future reform of regional funding, and the state would push for tax obligations in the Basque Country and Navarre to be similar to those in the rest of Spain.
  6. The new rules would also apply to people still within the filing deadline when the law takes effect, and it would enter into force on January 1 of the year after its publication in the official state gazette.

Who it affects

  • People inheriting or receiving gifts from parents, children, spouses or partners: They would pay no tax, regardless of the region where they live.
  • Siblings and more distant relatives: They would get fixed reductions of €350,000 or €125,000 and access to other reductions.
  • People with a disability or in a situation of dependency: They could apply extra reductions of €180,000 or €360,000.
  • People inheriting the deceased's main home, a business, or a farm or forest: They could reduce 100% of its value if they meet the holding requirements.
  • Taxpayers with estates made up of illiquid assets: They would have one year, instead of six months, to file and pay.

Words worth knowing

Base liquidable
The amount on which the tax is calculated, after applying reductions to what is inherited or gifted.
Bonificación
A credit applied to the tax bill, that is, to the final amount to pay.
Adquisiciones mortis causa e inter vivos
What is received by inheritance (after a death) and what is received by gift (during the giver's lifetime).
Causahabiente
The person who inherits or receives assets from someone who has died.
Activos ilíquidos
Assets that are not cash and are harder to turn into cash, such as apartments or land.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is rejected.

  1. Introduced4 September 2018Someone registers the text in the Congreso.
  2. Admitted11 September 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Sept 201811. 4 September 2018: Presentación22. 11 September 2018: Boletín Oficial de las Cortes Generales Publicación desde 11/09/2018 hasta 14/09/201833. 11 September 2018: Calificación44. 14 September 2018: Gobierno Contestación desde 14/09/2018 hasta 22/10/201855. 22 October 2018: Pleno Toma en consideración desde 22/10/2018 hasta 30/10/201866. 30 October 2018: Concluido - (Rechazado) desde 30/10/2018 hasta 05/11/2018

30 October 2018

How did the plenary vote?

More votes against 163 yes · 177 no · 1 abst.

Voted on: Private member's bill from the Ciudadanos Parliamentary Group, to amend Law 29/1987, of 18 December, on Inheritance and Gift Tax.

Source: Congreso de los Diputados, vote 2 of sitting 154· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Ciudadanos and Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-em and GER. 2 deputies voted differently from their group.

By province: in 22 most voted in favour; in 15, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 22
  • Against: 15
  • Tie: 15
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
84 against
Vasco (EAJ-PNV)5
5 against
Mixto19
1 in favour · 13 against · 1 abst. · 4 did not vote
Ciudadanos32
32 in favour
Gcup-ec-em67
67 against
GER9
8 against · 1 did not vote
Popular en el Congreso134
130 in favour · 4 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.