If, in the last 4 years, you have paid inheritance or gift tax in Spain as a beneficiary of an estate or gift, then this should be of interest to you. If you, or the deceased or the person who made the donation (donor) were non tax residents in Spain but residents in the European Union, it is very possible that you could recover the vast majority of taxes paid, plus interest, as long as the inheritance or donation was between ancestors or ascendants: father, mother, grandfather, etc., descendants: children , grandchildren, etc., or spouses.
As mentioned in previous articles, the legal basis for this claim is that prior to 01.01.2015 non tax residents in Spain (being fiscally resident in a country of the European Union) had to pay gift and inheritance taxes according to Spain’s national regulations and tax scales, they were unable to apply the different local regions’ tax rules, which generally contained many more tax benefits and advantages.
This situation was a clear discrimination against those EU citizens who were not tax resident in Spain, who in certain circumstances, paid many more taxes than tax residents. Such discrimination was declared and recognized by the Court of Justice of the European Union (ECJ) in its judgment of 3 September 2014, and then tacitly admitted by Spain, when the Law 26/2014 was passed and tax rules were amended. Therefore since 01/01/2015 the citizens residing in the European Union or the European Economic Area may benefit from regional regulations (Valencia, Catalonia, Madrid, etc.) and their corresponding tax advantages in Inheritance and Gift tax.
From our office, we have had the opportunity to help many clients to claim back inheritance and gift or donations tax paid, and 100% of our claims have been accepted, all of our clients whose cases have already a definitive decision, obtained the return of the unduly paid tax, plus interest calculated from the time of payment until the effective date of the return of their money.
Furthermore, following our policy of commitment to the foreign community in Spain, and this being a clear and intolerable matter of discrimination against that group, our firm only charges fees to our clients if the claim is accepted and our clients get a refund of the overpaid tax.
Therefore, if you or someone you know, have paid inheritance tax in Spain over the last 4 years, contact us without commitment, and we will confirm whether you can claim back the tax paid, all at no cost to you , Contact Us
Carlos Baos (Lawyer)
Spanish Law firm solicitor attorney barrister.
Alicante, Denia, Costa Blanca Marina Alta
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