THE European Court of Justice decreed on September 3, 2014 that Spain is contravening European Union law because it treats residents and non-residents differently with regard to tax on inheritance and donations.
The ruling means that non-residents who have inherited assets in Spain or have received them as a donation in the past are able to apply for a refund of the amount they were overcharged in tax.
There are two claiming situations:
Citizens who are non-resident and who have paid inheritance or donation tax during the past four years can now demand a refund of the difference between the amount of tax they were charged by the State and the amount they would have been charged if the relevant Autonomic Community tax reduction had been applied.
Citizens with residence in Spain who receive an inheritance abroad should pay the State and can claim the difference between the amounts of tax they were charged and the amounts they would have been charged in their residence Autonomic Community.
If you have paid inheritance tax in Spain within the last four years, and the inheritor or the individual who passed away were non-residents in Spain, we can help you recover almost 100 per cent of the taxes you have paid, via our legal partners.
In order to start your no win, no fee claim for an inheritance tax refund, please contact +44 151 326 2340 or if calling from the UK call for FREE: 0800 051 4218 (quote ref Spanish IHT) or email IHT@bbhlegal.co.uk.