Please see our earlier article. Top 5 Ways To Reclaim Money Part 1
5) Inheritance and Gift Tax Reclaim (following the European Court of Justice Judgment declaring laws discriminatory towards non-residents)
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 a 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 if you, or someone else who were non-resident, paid inheritance tax that was substantial BEFORE JANUARY 2015 get in touch with us.
What is needed to claim?
We need the document showing the tax paid and your passport.
This is the protocol for claiming the inheritance tax back:
We have to divide the proceeding into 2 different stages:
1) Proceeding inside the Tax Office
The proceeding inside the tax office is divided into 3 stages
– first, a 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 Economic Courts (Valencia, Murcia, for example).
The costs
For these three stages, we charge 400€ upfront fee and 15% of the final amount obtained if we win in the Tax Office proceeding.
2) Proceedings in Courts.
If the proceeding inside the Tax Office fails for some reason, we would need to start legal actions against the Government in Valencia, Murcia, Madrid, or elsewhere.
Therefore, you would need to afford:
Courts Fees (depending the amount claimed)
Clerk of Courts (depending the amount claimed)
Barrister fees (which would be advised)
The Law is now on our side, but it is at which stage we get the result.
Remember, the claim must be made within 4 years of the date that the tax was paid (and that has to be before January 2015). 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.
Why use Spanish Solutions?
We speak English fluently, we can look at the chances of your claim free of charge, and we can offer the usual path for a legal case, or even better, a “No Win No Fee” or Conditional Fee option. You can have confidence with us (we have been practising for more than 12 years), we are serious and professional, we know what we are doing, and above all, we like to help people.
Maybe you are short of funds, and looking back on an event which cost you a lot of money and was not your fault, and that you could do with right now. If so, it is worth a free consultation with us.
No Win No Fee Cases
We are able to sometimes offer No Win No fee for property litigation cases.
No Win No Fee, when it is done right, is perfect for those who don´t have the spare cash to see justice, and pay Court costs and barrister fees in advance.
Be aware that you must have copies of your documents to study if you have a good claim; that is:
– purchase contract
– confirmations of amounts paid by credit card or bank transfers
– receipts of payments received by the property developers
– the initial total price of the property
– the correspondence (if applicable) between you and the property developers (and any other written communications that may be of use for the case)
– any copies of any Court documents
Having the contracts, copies of all payments, any correspondence, emails, is all very important. Any legal case needs proof and evidence but with this, we may be able to help you sue and recover all of your money and interest and costs.
We should mention that No Win No Fee is not a way to get revenge on a neighbour by taking them to Court, nor just for free legal advice; it is for serious issues that have had real consequences for you and it has to be something whereby you have suffered economic repercussions. We are starting to do this as we have had a number of people who cannot afford to pay the costs of legal action for big cases in advance.
You will not pay upfront fees. We advance these fees. If you win, you just pay a “Success fee” to us of the damages awarded. Perfectly fair, and everything would be detailed in a proper agreement worded in English. Please think, do you have an issue that you decided not to do anything about. What are you waiting for? We can help!
Amanda enquiries@spanishsolutions.net or 00 34 966760917.