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Selling · Torrevieja and Orihuela Costa

Selling an inherited home in Torrevieja

You've inherited a flat in Torrevieja and you want to sell it. Here is the whole process, from the notary to completion, and the two taxes that come up along the way: inheritance tax when you inherit and personal income tax (IRPF) when you sell. So you know what lies ahead and can decide calmly, with no surprises.

The tax side of inheriting. Inheritance Tax in the Comunidad Valenciana: relief of 99% on the tax due (Groups I-II)

This is a local, independent guide to selling a home you've inherited in Torrevieja or Orihuela Costa. Inheriting and then selling is not the same as an ordinary sale: first you have to put the property in your name and deal with the tax authorities (Hacienda), and only then does it go on the market. We walk you through the whole journey, plainly, so you can decide sensibly and not in the dark.

An inheritance has its deadlines and its taxes, and this process usually comes at a hard time, just after losing someone. That's why, as well as reading this guide, it's wise to have an adviser or a lawyer look at your specific case. Here we give you the map; each inheritance then has its own details.

01 · The process

I've inherited a flat in Torrevieja — how do I sell it?

In short

First you accept the inheritance before a notary and settle the Inheritance Tax (Impuesto de Sucesiones) and the municipal capital gains tax (plusvalía municipal), within six months of the death. You then change the ownership at the Land Registry (Registro de la Propiedad) to put the property in your name. Only then can you sell it. And when you sell, you pay personal income tax (IRPF) on the gain.

  1. Accept the inheritance

    This is signed before a notary, with the public deed of acceptance and award (escritura de aceptación y adjudicación). You'll need the death certificate, the certificate of last wills (certificado de últimas voluntades), the will or the declaration of heirs (declaración de herederos), and the Land Registry extract (nota simple).

  2. Settle the inheritance taxes

    The Inheritance Tax and the municipal capital gains tax, within six months of the death.

  3. Change the ownership

    You register the home in the heirs' names at the Land Registry. Until it is registered, you still can't sell it.

  4. Prepare the sale paperwork

    A nota simple now in the heirs' names, the energy performance certificate, property tax (IBI), a certificate from the homeowners' association (comunidad) and utilities up to date.

  5. Sell and pay the IRPF

    When you sign the sale, you settle the IRPF on the gain.

If you live outside Torrevieja or abroad, you can grant a power of attorney (poder) so the inheritance formalities are handled without you being present. It's common here, with many owners from elsewhere.

See the complete guide to selling in Torrevieja
02 · Inheritance Tax

How much Inheritance Tax do you pay when you inherit in the Comunidad Valenciana?

In short

For children, spouse and parents (Groups I and II) there is a 99% relief on the tax due, plus a 100.000 € allowance per heir. If you inherit the deceased's main home (vivienda habitual), a further 95% reduction applies, up to 150.000 €. The filing deadline is six months.

Inheritance Tax reductions and reliefs
GroupWhoBenefit
I and IIDescendants, spouse and ascendants99% relief on the tax due, plus a 100.000 € allowance per heir
Deceased's main homeHeirs who keep it for 5 years95% reduction, capped at 150.000 €
IIISiblings, aunts/uncles and nephews/nieces25% relief (for deaths from 1 June 2026; rises to 50% in 2027)

The deadline to file and pay the Inheritance Tax is six months from the death. You can request a six-month extension if you apply within the first five months.

Inheritance rules change; confirm your own case with an adviser.

03 · Income tax when selling

How much do I pay when I sell the inherited home?

In short

When you sell you pay IRPF on the gain. The gain is the difference between the sale price and the value you declared in the inheritance, not what the property cost back in the day. And you pay the municipal capital gains tax, at a rate of 30% in Torrevieja.

The key is the starting value. In an ordinary sale, the gain is measured from what you paid when you bought. With an inherited home it is measured from the value you gave it in the deed of acceptance of inheritance, the same one used for the Inheritance Tax. That's why that value matters so much: the better it reflects what the property is really worth, the fewer surprises you'll get on the IRPF the day you sell. Knowing what it's worth today, with local data, helps you start from a realistic figure.

An example to make it clear: if in the inheritance you declared the home at 120.000 € and then sell it for 150.000 €, you are taxed on the 30.000 € gain, not on the 150.000 € sale price.

Every sale has its own numbers; check yours with a tax adviser.

See all the taxes on a sale
04 · Paperwork

What documents do I need to sell an inherited home?

In short

You need the deed of acceptance of the inheritance, the nota simple now in the heirs' names, and proof that the Inheritance Tax and the municipal capital gains tax have been paid. To that you add the papers for any sale: energy performance certificate, property tax (IBI), a certificate from the homeowners' association and utilities up to date.

  • Deed of acceptance of the inheritance.

  • An up-to-date nota simple in the heirs' names.

  • Proof that the Inheritance Tax and the municipal capital gains tax have been paid.

  • Energy performance certificate.

  • The latest IBI (property tax) receipt.

  • A certificate confirming the homeowners' association fees are up to date.

  • Utilities up to date (water, electricity).

If there are several heirs, you all have to agree to sell: while the home belongs to everyone, no one can sell it on their own. Talking it through early, with an objective figure on the table, usually saves a lot of friction.

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Frequently asked questions

Frequently asked questions about selling an inherited home

I've inherited a flat in Torrevieja — how do I sell it and what taxes do I have to pay?

First you accept the inheritance before a notary and settle the Inheritance Tax and the municipal capital gains tax within six months of the death. You then register the home in your name at the Land Registry. When you sell it, you pay IRPF on the gain relative to the value you declared in the inheritance.

How much Inheritance Tax do you pay in the Comunidad Valenciana?

For children, spouse and parents there is a 99% relief on the tax due and a 100.000 € allowance per heir. The deceased's main home has an extra 95% reduction, up to 150.000 €, if you keep it for 5 years. For siblings, aunts/uncles and nephews/nieces the relief is 25% from June 2026 and will rise to 50% in 2027.

From what value is the IRPF calculated when selling an inherited home?

From the value you declared when you accepted the inheritance, the same one used for the Inheritance Tax, not from what the property cost back in the day. The gain is the difference between that value and the sale price. You also pay the municipal capital gains tax, at a rate of 30% in Torrevieja.

What happens if there are several heirs and not everyone wants to sell?

Selling requires the agreement of all the heirs, because the home belongs to everyone until it is divided up. If there is no agreement, the way out is to request a court-ordered division (división judicial), which can end in an auction. There's no shortcut: it's best to talk it through early, with an objective valuation in front of you.

Sources

  • IRPF and capital gains when selling: Agencia Tributaria (Spanish Tax Agency).
  • Inheritance and Gift Tax (Impuesto de Sucesiones y Donaciones), reductions and reliefs: Generalitat Valenciana regulations.
  • Process for selling an inherited home: guides on selling inherited property.
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