spanish inheritance tax

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29 Nov 2013 10:52 AM by formentera costa Star rating. 368 posts Send private message

HI ALL

this has probably been posted previously but i cannot find

the info i want.

can anyone tell me when both husband and wife are resident in

spain (murcia province) what are the allowances for inheritance

tax when one dies



_______________________

coolyes




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29 Nov 2013 11:39 AM by johnzx Star rating in Spain. 5242 posts Send private message

Formetera,  I believe it is not that simple.  In Andalucía, maybe elsewhere in Spain too, if the spouse keeps the property for 10 years I believe it becomes tax free but don't rely on this.   I would suggest, if you really want to know for certain,  that you get professional advice.





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29 Nov 2013 12:48 PM by floella Star rating in SE Spain. 804 posts Send private message

My Spanish Abogado friend told me that there is a discount of 95% for remaining spouse ( if tax resident) in Murcia , if property is kept for 10 years.

However as with all laws , anywhere, these can change particularly in today's financial climate.



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29 Nov 2013 1:42 PM by camposol Star rating in Camposol. 1406 posts Send private message

Unfortunately, apart from the property concession which means you have to keep the property 10 years, ( not many will be able to do that) there is only the mean state allowance of just under 16000 euros, as Murcia has just abolished its IHT allowances, meaning a whopping great amount of IHT to pay! Andalucia, though has a very generous IHT allowance. Talk about unfair!





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29 Nov 2013 1:53 PM by johnzx Star rating in Spain. 5242 posts Send private message

Campo, I think you have misunderstood the situation in Andalucia. It one of the worst:-

 

From Sur in English

To illustrate how costly death in southern Spain can be, consultancy and auditing firm, UHY Fay & Co, estimates that should a widow living in Andalucía with assets worth 500,000 euros, inherit six million euros on the death of her husband, she would need to pay 2,100,000 euros inheritance tax. Whereas had the couple lived in the Balearics, she would be liable for an IHT bill of just over 40,000 euros.

 





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29 Nov 2013 2:01 PM by camposol Star rating in Camposol. 1406 posts Send private message

I understand the tax threshold is 175000 in Andalucia according to Euro Weekly.;not many would have the massive inheritance you describe, but it does show the injustice of regions being alowed to set their own allowances. This should only be set by the state, for all of Spain,  at a much more realistic  level, say, 300,000?

Nothing could be worse than the Murcian allowance- 0! Don't die in Murcia!





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08 Jan 2014 10:19 PM by quesada11 Star rating. 31 posts Send private message

I am also confused about this tax. i bought a house 5 years ago and paid 161.000 with my father we have both made wills leaving the house to our wifes if either of us dies, how much tax would they or i pay if my father died ?

i have read you are only allowed 15,957 before tax and also read your not taxed before 100,000 euros ?

can anyone tell me do i need to change both wills to leave between the whole family and children.

i am in the region of torrevieja and we are both non resedents

 


This message was last edited by quesada11 on 08/01/2014.



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09 Jan 2014 6:46 AM by johnzx Star rating in Spain. 5242 posts Send private message

Quesada

As the owners are non-resident and so are the inheritors,  it is the ‘worst’ situation for IHT liability.

The law is different in the various Regions and of course it will probably continue to change, so when an owner dies,  it may be different from what it is now.

 

Nevertheless, as this is such a complex area, I would suggest that you seek ‘professional’ advice, rather than relying of what will be posted here.





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09 Jan 2014 6:52 AM by tony9999 Star rating. 17 posts Send private message

Ok thanks for the advice



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09 Jan 2014 8:39 AM by KathysLad Star rating. 329 posts Send private message

The law on IHT as far as non-residents are concerned, is only the national law. There are different allowances in some of the regions, but they only apply to residents of the specific regions. So, the allowance is, as you stated, €15,997.

Having said that, Spain is currently in the European Court for discrimination against both non-residents, and residents of different regions with regard to IHT. This is simialr to the Capital Gains issue a few years ago. So, it is likely that the situation will change in a couple of years, but how it wil change, is anybodies guess. My guess is they will have to move a standard national system,

 





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