Equatorial Guinea Inheritance & Gift Tax Guide 2026

Overview — Inheritance & Gift Taxation

Equatorial Guinea's tax regime for wealth transfer is based on registration duties rather than inheritance or estate tax. There is no separate estate duty, inheritance tax, or death tax. However, the registration of asset transfers (whether by inheritance or lifetime gift) with the tax authority incurs duties at rates depending on the relationship between the transferor and the recipient. The registration duty must be paid before the transfer can be legally perfected. Upon death, there is no deemed disposal of assets for income tax purposes — the heir inherits the deceased's cost base (no step-up to market value). Equatorial Guinea follows the Spanish civil law tradition for succession matters.

Registration Duty Rates — Inheritance & Gifts

The registration duty rates for both inheritance and lifetime gifts depend on the relationship between the parties:

• 5% — transfers between spouses and to direct descendants (children, grandchildren) and direct ascendants (parents, grandparents)
• 7.5% — transfers between siblings (brothers, sisters), nieces, and nephews
• 10% — transfers to non-relatives, cousins, and other extended family members

The duty is calculated on the net value of the assets transferred. There is an annual exemption for lifetime gifts to direct descendants. Gifts to charitable organisations registered in Equatorial Guinea are exempt from all registration duties.

Inheritance vs. Gifts — Timing Considerations

Since inheritance and gifts are taxed at the same rates, the timing of wealth transfer is primarily a personal rather than tax decision. Lifetime gifts allow the donor to utilise annual exemptions and potentially reduce exposure to CGT on future appreciation. Inheritance means the heir inherits the cost base, and no CGT is triggered on death.

Intestate Succession — Civil Code

If a person dies without a will, the distribution of their estate is governed by the Civil Code (Código Civil), following the Spanish tradition:

• Spouse and children — the surviving spouse receives a proportion, and the remainder is divided equally among the children
• Spouse, no children — the surviving spouse receives 50%, and the remaining 50% goes to the deceased's parents and siblings
• No spouse, children survive — children inherit equally
• No spouse, no children — parents, then siblings, then other relatives inherit

The community property regime is the default marital property regime. Customary law may also apply in certain circumstances, particularly for rural land holdings.

Wills & Estate Planning

Having a valid will is the most effective way to ensure assets pass according to the deceased's wishes. A will must be in writing and either notarised or handwritten, signed, and dated. The will should appoint an executor to administer the estate. Probate is the legal process of recognising the will and granting the executor authority to distribute assets. Notary fees for estate administration are typically 2–5% of the estate value. Foreign nationals with assets in Equatorial Guinea should have a separate Equatorial Guinean will covering their local assets.

FAQs

Do I need to pay CGT on inherited property if I sell it?

Yes, if you sell inherited property, CGT applies on the gain (selling price minus the deceased's original cost base — no step-up in basis). The gain is taxed at 10% for individuals.

Is there a way to reduce registration duty on gifts to my children?

Yes, you can use the annual exemption per child. By gifting up to the exempt amount each year, significant wealth can be transferred without registration duty.

Does Equatorial Guinea recognise foreign wills for Equatorial Guinean assets?

Foreign wills may be recognised but must go through the probate process in Equatorial Guinea. It is generally advisable to execute a separate Equatorial Guinean notarised will for assets located in the country.

Disclaimer

This guide provides general information about Equatorial Guinea inheritance and gift tax for the 2026 tax year. Succession law is complex and intersects with customary law. Always consult with a qualified Equatorial Guinean lawyer or tax advisor for advice specific to your situation. InvestmentKit does not provide tax or legal advice.