Did you pay too much inheritance tax after 2015?
There is a limited window of opportunity to make inheritance tax reclaims. Thus if you are in this position, please do not delay to contact us.
Firstly, the possibility exists to make inheritance tax reclaims only for non-residents of Spain. Those who paid inheritance tax and would now have paid less (as the law changed to state that non-residents and residents should pay the same amount of inheritance tax on assets that they inherit).
The laws changed in 2014, following a European Court of Justice Judgement. Many non-residents of Spain have been able to apply for a refund of overpaid inheritance tax and been successful. It is essential that clients have the paper showing the tax was paid. (this is a stamped Modelo 650/651/652 stamped and a copy of the probate deed).
The ruling only applied to citizens of Europe who paid inheritance tax in Spain. And if the amount they paid would have been lower had they been Resident rather than non-Resident. The person inheriting needs to be close family of the deceased. In February 2018 the Spanish Supreme Court issued a judgement declaring that non-EEA and EEA citizens should be taxed equally.
We are able to also consider inheritance tax reclaims for those living in non EU countries. Although we cannot confirm without further study that they will be entitled to the reclaim of inheritance tax. The 2014 Judgement in the European Courts did not specifically mention residents outside of the EU when they declared the previous rules in Spain discriminatory.
If you believe that you paid too much inheritance tax and need to make an inheritance tax reclaim, please contact us to discuss this. In addition, we deal with donations or early inheritance of your property. If you wish to know more about this please let us know.