NOVEMBER 10- final deadline to claim on excessive IHT paid more than 4 years ago

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06 Oct 2015 12:42 PM by mariadecastro Star rating in Algeciras (Cadiz). 9388 posts Send private message

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November 10, 2015: Maximum deadline to apply for  inheritance  tax return of non resident  expired claims . ( those made previous to September 3, 2010)

The judgment of the European Court of Justice (ECJ) on September 3, 2014, determined the breach by the Kingdom of Spain of European Union law, because the state regulations governing the inheritance and gift tax, provided a clear discrimination against non-residents. Such discrimination entailed a restriction on the free movement of capital, prohibited by Articles 63 TFEU and 40 EEA (EU countries and Norway, Iceland and Liechtenstein).

There are two ways to request to claim a refund of IHT paid in excess according to the EU Court Decission:

1) Request the return of sums paid, provided that the period of limitation, that is, four years has not  elapsed since your payment.

2)  State liability claim for  excessive  demand of taxes  according to rules of of the EU. In the event that four years has elapsed.

This last action has an expiry date on  10Th November 2015 ( one year after puiblication of the Judgment in  the Official Journal of the European Union (OJEU)


As an EOS member, we can help you with this


Maria L. de Castro, JD, MA



El blog de Maria

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