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Is non- resident Spanish Succession Tax illegal?

Spanish Succession TaxPosted by Andrew Thu, February 02, 2017 14:17:45

April 8th, 2013

The issue in contention, which many families with Spanish properties are very concerned about is that the amount of Spanish Succession Tax payable by non- Spanish resident beneficiaries can differ substantially from the amount payable by Spanish resident beneficiaries.

Where the individuals concerned are European Union Citizens, there should not (according to European Law) be discriminatory treatment on the grounds of residency/ non- residency.

A firm ruling is awaited from the European Commission, but pending that, the anomaly remains that (whether or not they are EU Citizens), non- Spanish resident inheritance cases are in practice generally subject to significantly more onerous Spanish Succession Tax treatment.

We are monitoring the situation and will advise our clients and contacts as and when there are further developments in this regard.