How to sell an inherited apartment?
Patrick Gordinne Perez2024-12-28T00:35:37+00:00Selling an inherited flat involves a series of specific procedures that differ significantly from those necessary to sell a property that has not been inherited.
In this article we will explain in detail what these procedures are and what aspects you need to take into account in order to carry out the sale successfully.
In addition, we will give you some practical tips to simplify the process and avoid possible complications. Read on to stay well informed!
What is necessary to sell an inherited flat?
In order to sell an inherited flat, the first thing to do is to inherit it for legal purposes. And this involves two necessary steps:
- Acceptance of the inheritance or Declaration of Heirs. The acceptance of the inheritance will be made in the case of a testate succession. If there is no will, the process of intestate succession has to be opened and a Declaration of Heirs has to be made. In both cases, this must be done before a notary.
- Adjudication of the inheritance: The adjudication of the inheritance implies that the assets are registered in the Land Registry with the new owner. This involves a new notarial deed that can be unified with the acceptance.
Once these formalities have been completed, the flat can be sold, but with the payment of certain taxes depending on the case.
Let’s see…
What taxes do I have to pay to sell an inherited flat?
When a flat is sold, there are two unavoidable taxes, with some exceptions, which are the capital gains tax and the IRPF (or IRNR for non-residents).
However, when you inherit, you have to face another tax, which is inheritance tax.
These are the steps to be taken chronologically:
1. Inheritance Tax
Inheritance Tax (IS) has to be paid within 6 months (extendable) after the opening of the inheritance process.
However, this does not mean that it always has to be paid.
This tax is a state tax, but it is ceded to the Autonomous Communities which, in some cases, grant a 100% rebate. In addition, deductible expenses must be subtracted.
- Residents have to settle with the autonomous community in which they reside.
- Non-residents have to settle with the state agency. (But applying the benefits of the community where the property is located).
We recommend that you consult the tax rates of each Autonomous Community and their bonuses.
It is important to put a value equal to the reference value or higher in case you want to sell in the future.
2. Capital Gains Tax (IIVTNU)
The Tax on the Increase in Value of Urban Land (IIVTNU), popularly known as capital gains tax, is levied on the increase in value of the property during the time the property has been owned.
It is a state tax, but it is levied by the local councils and must be paid within 30 days of the sale.
Each municipality decides, within certain limits, on exemptions and collection.
However, it is important to note that, if money has been lost, case law indicates that it would not be necessary to pay it.
However, it is extremely important to have specialist advice.
3. Personal income tax (IRPF)
Finally, when an inherited flat is sold, personal income tax must be paid.
In this case, it will be registered as a capital gain, since it has not been bought before.
The tax rates at national level are
- 19% if the gain is less than 6,000 euros,
- 21% if the gain is between 6,000 and 50,000 euros,
- 23% for gains between EUR 50,000 and EUR 200,000,
- 27% for winnings between 200,000 euros and 300,000 euros and,
- Finally, 28% for gains above 300,000 euros.
It is best to make a payment on account at the time of sale as non-residents do, but residents settle and pay in the income tax return.
In a nutshell
Selling an inherited property can be cumbersome, so it is good to have specialised advice.
At Asesoría Orihuela Costa we help you to take all the steps to sell your home.