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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1201. EU Court states discrimination of Spain IHT
Thursday, September 4, 2014 @ 3:26 PM

European Court declared yesterday that  Spain tax on inheritance and gift is, in part, contrary to Community legislation.

Luxembourg has just ruled that the tax is contrary to Community law as it forces foreign residents to pay higher taxes than Spanish residents.

This tribute is regulated by Regions (Communidades autónomas) and these offers tax deductions of which can only benefit the residents in that region. Thus, residents in another EU country or holders of property located outside the country are forced to pay higher taxes.

The Court of Justice of the European Union (ECJ) considers that there is "no objective difference that could justify this difference in treatment" between the situation of a resident and a non-resident or from a property located in Spain or in another country.

European justice agrees with the EU executive, who brought the case to court in 2012, and believes that this involved a "restriction" on free movement of capital, one of the pillars of the European Union.

The judgment, unappealable, is now mandatory for Spain.  Spain will have to modify Law 22/2009 on cession of IHT tax to regions so non residents receiving an inheritance in Spain can benefit from regional allowances.

 IMPORTANT NOTICE: If you are a non resident and you paid IHT tax in Spain during the last four years, a refund claim is possible now

Plaza Arco Magdalena, Baza, Granada, South eastern Spain, at facebook.com



Like 1




10 Comments


antifreeze said:
Thursday, September 4, 2014 @ 4:35 PM

Maybe European Courts will see all the other things Spain has imposed on foreigners who have been the life line of the Spanish economy, as wrong - so many people have lost so much and been mislead, thinking Spanish Law was a fair law for all - it is unfair - it will keep foreign buyers and investors away from returning too quickly.



robert.ellis0905 said:
Saturday, September 6, 2014 @ 2:28 AM

The French have a saying that Africa starts at the Pyrenees. It took me some time to understand that but now I do because the majority of Spaniards do not think or behave like most Europeans. They're more like Africans.
The UK trade unions used to have a phrase for dodgy and underhand dealings called "Spanish Practices". They knew about the Spanish a long time ago.


rusty196500 said:
Saturday, September 6, 2014 @ 7:50 AM

maybe they can outlaw revaluing properyies and charging itp at their value rather than purchase price. my bank purchase was revalued at 20 times what i paid now my itp is double my purchase price (200% itp). where does it stop ?


hrespana said:
Saturday, September 6, 2014 @ 8:14 AM

Probably the biggest shock to me, when I came to Spain, was the levels of corruption and the prejudice against foreigners.

It is "de riguer" for everyone to cheat on their tax (impossible if you're a UK pensioner by the way) and the black economy is thriving.

Licences are given out to Spanish businesses but denied for the non-Spanish. Foreign cars are stopped and fined on the spot (no tickets issued) and bribery can get you most things, despite the laws.

I'm glad that at least IHT has been sorted out but Spain is in deep doo doo and I expect (as with the land-grab ruling) they'll find another way to fleece us very soon.

and I wonder now if someone will look at the tax imposed on non-residents.


antifreeze said:
Saturday, September 6, 2014 @ 8:48 AM

Corruption leads to downfall in the end and perhaps, that was Greece, Spain, Italy? Foreigner have traveled there to sea and sunshine and culture, all beautiful and easy to get to. The reality is very different. Holiday in Spain ok, buy there, disaster- you can end up in debt - and EU law will apply to get you in law for money/debt.


camposol said:
Saturday, September 6, 2014 @ 4:11 PM

hreespana- IHT has NOT been sorted out, far from it. Only one aspect has been declared illegal by the EU. Otherwise it is still the harsh, penalising, unjust tax it always was, in immediate need of reforming to end the post code lottery that it is.
It is something that puts people off moving here, especially to Murcia which had its regional allowances abolished last year, meaning that you would pay thousands in IHT , whereas in another region you would pay nothing.
That's the injustice of it, and this EU ruling has had no affect on that.


W Fleming said:
Saturday, September 6, 2014 @ 4:46 PM

When is the EU going to address other anti-nonresident discrimination? For example the taxation of rental property.


Passinthru said:
Sunday, September 7, 2014 @ 9:42 AM

I am beginning (Like most people) to struggle with the concept of the dishonest tax known, ironically, as the Complimentary tax. It is far from complimentary. The name is probably the idea of some faceless bureaucrat with a sick sense of humour. If my property is revalued way above what I paid for it, will the Spanish government refund me the difference between what I sell it for and their inflated revaluation for tax purposes. Dream on. Any advice on how to reduce or appeal against this rip off tax would be welcome.


camposol said:
Sunday, September 7, 2014 @ 11:51 AM

It's not complImentary, it's complEmentary, different meaning altogether!
This tax is, however, wrong and unfair.
It came about because of years of people under declaring the value of the sale of their property when selling, in order to avoid taxes. They've made it bad for everybody else.
Now the taxman is getting his own back.
Although the value of properties has plummeted, the list the taxman has in his office doesn't reflect this.
Apparently this tax can be avoided if, before selling,an independent valuation is carried out, to see if the price is in the acceptable section of the taxman' s own valuation.
If you do get a bill for complementary tax, you should see your solicitor ASAP, as there is a time limit in which you can claim.


Passinthru said:
Sunday, September 7, 2014 @ 12:50 PM

Thanks for the spelling lesson. Being Welsh I don't always get the finer detail of the English language right, neither does my spell checker. Thanks for the explanation. Another example of government policy of punish everybody for the wrongs of the minority.




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