In September 2014 The European Supreme Court of Justice has ruled that the Spanish authorities cannot charge different rates of inheritance and donation tax for residents and non-residents. So this judgment declaring the Spanish inheritance tax laws and donation tax as discriminatory towards non-residents and against the EU laws.
So please read this information below:
1.- IF YOU ARE IN THE PROCESS OF A PROBATE OR INHERITANCE IN SPAIN RIGHT NOW OR:
2.- IF YOU ARE PLANNING A DONATION TO YOUR CHILDREN NOW, IN LIFE
3.- IF YOU HAVE PAID INHERITANCE TAX OR DONATION TAX IN SPAIN. YOU CAN RECOVER THE EXCESS TAXES PAID ¡¡¡¡
Due to estatute of limitations in Spain to claim, your right can expire, as a result of this sentence, any non-resident who has paid inheritance tax in Spain within the last 4 years, can now file a oficial claim and recover the excess taxes paid.
3.- WE CAN HELP YOU WITH YOUR CLAIM
IMPORTANT: NO WIN NO FEE
In September 2014 The European Court of Justice has ruled that the Spanish authorities cannot charge different rates of inheritance tax and donation tax for residents and non-residents. So this judgment declaring the Spanish inheritance tax laws as discriminatory towards non-residents and against the EU laws.
Non-residents who have been discriminated against by paying more tax than Spaniards for inheritances or donations of property are likely to be due a refund of the difference.
There is a complex range of tax relief options in Spain that can reduce the tax to almost zero for residents, but these have not been available to non-residents. Non-residents may be owners of holiday homes in Spain or expats who split their time between Spain and the UK.
The difference between what residents and non-residents pay can be as much as 80% plus.
In Spain, inheritance tax and donation tax (known in Spain as "impuesto de sucesiones y donaciones") is governed by both the state and the 17 autonomous communities.
Many of these communities have amended the state rules to make them more beneficial, but only for residents. In order to be classed as a resident, you must have lived in Spain for five years. Non-residents have to pay the national rate of tax which is far less favourable.
The court ruled earlier this month that charging other members of the EU different rates to Spanish residents went against the spirit of the European Union. It said the Spanish legislation was discriminatory and there was no reason why inheritance tax should be charged at a higher rate for non-Spaniards than for Spaniards.
The European Commission referred the case to the court in 2012 after considering that the legislation was incompatible with the free circulation of people and money within the EU.
For example, in the Balearic Islands, Vasque Country and Madrid the porcentaje is 99% of the deceased’s assets can be exempt from succession tax where the beneficiaries are children and/or a spouse. In Andalusia, up to €175,000 (£138,000) inherited by a spouse or children can be tax-free, and in Catalonia allowances are a maximum of €650,000 (£512,000) for a spouse and €400,000 (£315,000) for a child.
“Such generous exemptions are in stark contrast to the state rules, where the allowances are very much reduced,”
“Under the state rules, the general allowance is only €16,000 (£12,600) for inheriting spouses or children.”
In 2012 about 60,000 British families had been hit with inheritance tax bills for properties or assets they inherited in Spain. Charges were believed to be in the region of £400 million.
The verdict open the floodgate to thousands of Britons reclaiming their tax. So far the Spanish authorities have not responded to the ruling. Spain has six months to change its law and the changes should come in by January 2016 at the latest.
The refund that non-residents may be able to claim could run into thousands of euros where the differences in the tax rates were significant.
People who have paid more can appeal to have their money paid back now,
But you might even have to go to court to get a refund. There will be a lot of paperwork and it must be perfect. The tax office is going to look at everything because they don’t want to pay it back.
If there are any mistakes, they will have an argument not to pay it back or delay the payment. You can only apply for a refund once, and there are time limits on claims. You need to use people that understand the EU rules.
There is a limit of five years to make a claim from the time of the inheritance. The authorities will have to pay interest between 15% and 20% on the amount due.
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