Useful information

Discrimination of non residents inheriting property

on 21. January 2015

Inheritance laws that currently are in use in Spain treats residents and non-residents differently. This results in non-residents paying full inheritance tax, which often residents are almost exempt from, or have very large deductions from.

The court on the European Union ruled Sept. 3, 2014 that according to the EU Treaty, this is a clear violation of rules and regulations that deal with non-discrimination and freedom of movement as laid down in the Treaty.

As a result, this means that European citizens who have paid inheritance tax to the Spanish authorities based on calculations made for non-residents in Spain, has the right to demand a repayment of the amounts charged.

If you or perhaps someone you know has paid inheritance tax in Spain, for properties or assets within the last four years, and either the survivor or the deceased was not resident in Spain at the time of death, it is possible to receive a refund of almost all hereditary tax paid to the Spanish tax Office.

This will continue until the Spanish authorities change the discriminatory laws regarding inheritance tax in use at present in Spain. Therefore, if you inherit property / assets in the future in Spain, we can get a reimbursement of nearly all the taxes paid to the Spanish tax authorities.

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