Non EU Citizen, inheritance tax in Spain on Spanish assets

Johncar Spain Expert

1412POSTS

8 years ago

I have a friend who would like to know the law which applies when a non EU citizen, living in Spain leaves assets to non EU nationals living outside the EU.

And when an EU national leaves assets to a non EU national (say in UK after Brexit)

She is British but can claim Irish nationality. She is concerned what [b]may happen after Brexit.

Of course her situation, if she remains just British, may apply to most Brits living in the EU.

Thanks John

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Johncar Spain Expert

1412POSTS

8 years ago

If it was me then I would have said. My wife is an EU resident and I have dual British and Irish nationality so we could not care less what Brexit brings as it will not affect us.

However, if someone can give a helpful answer, I and the friend for whom I asked the question, would very much appreciate it.

Thanks
John

Johncar Spain Expert

1412POSTS

8 years ago

Jim, the whole basis of your reply is false.

In Spain the laws governing inheritance taxation impose the tax liability on the inheritor/s not on the estate.

I should be grateful for informed comments by those who understand Spanish taxation law.

Thanks

Johncar Spain Expert

1412POSTS

8 years ago

Thanks Rocky for the factual reply

http://www.volawyers.com/how-the-recent … ffect-you/

Mostafa714 New member

7POSTS

8 years ago

I would like to also know if non Eu person pass away ,and leave home behind how is the spanish law works?
Do they sell the house to get the tax. or ask family to pay tax then distrebuted according to Spanish Law? Or his will ,will take effect first?
Thanks,
Mostafa

claxnes Contributor

182POSTS

8 years ago

Something has happened to the replies to the Johncar posts. I can't see them.

gorillapassion Member

12POSTS

8 years ago

Unfortunately, in Spain you need to pay 'el impuesto de sucesion '(inheritance tax)first.And if u are not a resident you end up paying much more too as you won't be eligible for the 'bonificacion' (subsidy).In some regions the subsidy can be up to 99%.

Marie-Christine

Johncar Spain Expert

1412POSTS

8 years ago

Mostafa.

In Spain the inheritance tax is imposed on the inheritor not, as in say UK, on the Estate.

That means the inheritor must pay the tax due, I believe within 3, might be 6, months of the death. One cannot inherit until the tax is paid-

If that tax is not paid then action will be taken by the tax authority to sell the property and take the tax from that.

It is becoming more frequent, for Spanish inheritors to give up their inheritance as they are unable to raise the funds to pay the tax

Mostafa714 New member

7POSTS

8 years ago

Hello and thanks Marie.
Are you legal adviser or work in pegal adviser office
Or do you know of pegal adviser office in Marbella?
Please let me know or forward my email since I need paid assistance in that matter.
Thanks,
Mostafa Hegazi
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