If as a non-tax resident you have paid Inheritance or Gift Tax in Spain, and if the deceased or person who made the gift in your favor was either your ascendant: father, mother, grandfather, …; or your descendant, son, grandson … or your spouse, then you can now recover most or even all of the taxes paid, plus interest.
As mentioned in previous articles, European Union Court of Justice (ECJ) in its judgment of September 3, 2014, stated that the Spanish inheritance and gift tax was discriminatory and contrary to the principle of freedom of movement of capital.
Following that judgment, and as per the Law 26/2014, of November 27th, the Inheritance Tax in Spain Law 29/1987, was changed, it now is recognises that citizens residing in the European Union or in the European Economic Area can benefit from regional Inheritance and Gift Tax laws, rules and benefits, (Valencia, Catalonia, Madrid, etc.), which are generally more favourable than the national scale tax which was previously applied to non-tax residents in Spain.
For White Baos Lawyers it has been a pleasure to be able to help many of our clients to claim back inheritance and gift tax prior to the European ruling noted above and the subsequent change in Spanish tax rules, and today we can say with pride that we have won 100% of our claims without cost to our clients.
Moreover, as this is a discrimination matter against the expatriate community in Spain, our firm offers a “no win no fees” agreement, that is, if our clients do not get the money back, we will not charge any legal fees.
If you paid taxes on inheritance and gifts and you are not sure if you could reclaim them plus interest, send us a copy of your paid tax form and we will inform you without obligation.
You can claim if you paid taxes less than 4 years ago to the national tax authorities, Agencia Tributaria. And even if you paid your taxes more than four years ago, it could still be possible to reclaim them, by a more complex and longer procedure.
Therefore, if you have paid Inheritance or Gift (Donation) tax in Spain as indicated, we can apply for a revision of the Tax Self-declaration, and request a refund of the amount paid, at no cost to you, contact us
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish Law firm solicitor attorney barrister.
Alicante, Denia, Costa Blanca Marina Alta
White & Baos 2015 – All rights reserved
