Have you paid too much Inheritance tax unfairly and are entitled to a refund?
Spanish Inheritance and Gift Tax Reclaim
Please note this only applies to non residents of Spain, and you are within 4 years of when you paid inheritance tax, and you have the paperwork.
We do not want our clients to forget that the laws regarding inheritance and donation taxes changed in September 2014. Before that non residents had to pay much higher taxes than residents.
After an European Court of Justice ruling, everything changed and citizens of Europe who had paid inheritance or donation tax to the Spanish Authorities before January 2015 were entitled to recover their taxes back if the figures would have been different had they been Resident as opposed to Non Resident.
It is a relatively inexpensive process and claims are refunded in less than a year generally.
So please if you, or someone else, paid inheritance tax that was substantial before January 2015, get in touch with us.
We need the document showing the tax paid and your passport.
This is the protocol for claiming the inheritance tax back:
The proceeding inside the tax office is divided in 3 stages
– a first document claiming back the money overpaid because of the illegal application of Spanish Law (locally),
– then if this does not work an Appeal to the Regional Tax Office,
– then if this does not work, the Economical Courts (Valencia, Murcia, for example).
For these three stages, we charge 400€ upfront fee and 15% of the final amount obtained if we win in the Tax Office proceeding.
The Law is now on our side, but it is at which stage we get the result. We have, however, won in the tax office and have not needed to go to Courts.
Remember, the claim must be made within 4 years of the date that the tax was paid. The deceased must have been a non resident of Spain. The inheritor must have been a close relative of the deceased and must have lived in an EU country at the date of death.
So please do not delay further, we will give your case a free study as long as you have the paper showing the tax was paid. (Modelo 650/651/652 stamped). Plus if the claim is fine, then we will need copies of the inheritance deed.
Contact Amanda enquiries@spanishsolutions.net if you require any further help.
