Inheritance tax in Valencia, can you claim your money back?
Have you paid inheritance tax in Valencia – whilst being a non-resident of Spain (perhaps on a property that you or the deceased owned in the country)?
If you have – then you may be interested to know that the Luxembourg-based European Court of Justice has just made a ruling that may affect you. They have stated that applying high tax rates in cases where either the deceased or the recipient of the inheritance is a non-resident, the country concerned is in breach of European Union treaties.
This is an important ruling and may mean that if you paid inheritance tax in Spain (as a non-resident) between the 31st December 2010 to 31st December 2014, you can now claim it back!
Of course, claiming back the inheritance tax in Spain that you are owed is not particularly simple, if you do not speak Spanish or know the way around the bureaucracy here. However, as a lawyer specialising in conveyancing and inheritance tax in Valencia, I can help you.
Problems with inheritance tax in Valencia?
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In fact, inheritance tax in Spain is a complicated matter both for residents and non-residents and is something that you should always consider when investing in Spain. It is essential, for example, that you make a Spanish will – even if you already have a valid will in your own country. This may seem like unnecessary duplication but having a Spanish will (even if it is a ‘mirror’ of the one you have in your home country) will make any inheritance procedure infinitely easier, should you die. This is as true for residents as it is for no-residents.
Equally, you should be aware that inheritance tax in Valencia is different from that of the other Autonomous regions of Spain, each of which has different inheritance tax provisions. So, do not expect what you hear about inheritance tax in Andalusia to be the same for in Catalonia or the Basque country!
In any event, the news from the European Court of Justice is good and if you think that you can take advantage of it then do contact me and I will work to make sure that you receive your over paid tax back…
Carolina Just Miró