GROUNDS, POSSIBILITIES, AMOUNTS AND LIMITATIONS OF THE REFUND As reported in this Blog on the day it was issued, a Judgement rendered by the ECJ (EU’s Supreme Court) on September 3rd, 2014, stated that the Kingdom of Spain had in establishing differences between the fiscal treatment of inheritances and gifts in Spain for residents and […]
LATEST NEWS!: ECJ ISSUES JUDGEMENT AGAINST SPAIN FOR DISCRIMINATION AGAINST “NON-RESIDENTS”IN ITS APPLICATION OF INHERITANCE AND GIFT TAX.
We recently published our latest article dated September 1st on the possibility of a Judgement being issued shortly whereby Spain would be found guilty of “discrimination” as a result of its different application of the Inheritance and Gift Tax depending on whether the taxpayer is a “resident” or a “non-resident” who owns property in Spain. Well, such a Judgement for […]
WILL INHERITANCE TAX REFUNDS BE MADE TO NON-RESIDENTS IN SPAIN BASED ON DISCRIMINATION FOR NON-RESIDENCY?
The European Commission reported Spain to the Court of Justice of the EU on the grounds that the legislations of various ‘Autonomous Communities’ (regions) in Spain resulted in discrimination between residents and non-residents inheriting the same estate. The Impuesto de Sucesiones y Donaciones (Gift and Inheritance Tax) is governed by the national Act 29/1987 of […]
* INTRODUCTION.- EU Regulation No. 650/2012 of the 4th July 2012 concerning Jurisdiction, Applicable Law, Enforcement of Resolutions, Acceptance of Public Instruments in relation to Mortis Causa Inheritances and the Creation of a European Inheritance Certificate will be applicable as from 17th August 2015. It includes fundamental changes, among which is the law applicable to […]
Royal Decree 304/2014 of 5th May 2014, whereby the current Act 10/2010 on Money Laundering Prevention is developed in detail, included special provisions relating to Trusts which, due to their relevance, have been reproduced below, although it must first be stressed that they need to be implemented and interpreted within the general context of such […]
The Spanish Government intends to carry out an extensive reform of the Spanish taxation system and, to such end, it has appointed an Expert Committee to study such a reform which has issued a report on the matter (commonly known as “Lagares Report” after the surname of the President of the Committee). In this article […]
TRANSFER YOUR HOUSE TO AN ENGLISH COMPANY AND DON’T PAY INHERITANCE TAX: A MISLEADING, SELF-INTERESTED PIECE OF ADVICE.
FOREIGNERS’ INHERITANCE IN SPAIN: FALSE MYTHS AND PLATITUDES (I) In the first article of this series (article posted on this Blog on 25 March, 2013), we commented on certain beliefs which, albeit sometimes based on true facts, are often wrong in relation to non-residents’ inheritances in Spain. In this second […]