All articles by Sonia Velasco

Aug 2014 22

Discriminatory inheritance and gift tax regime for non-residents in Spain

By | Emigration and Immigration, Estate planning, Living will and testaments, Tax Planning | 4 min read

Are non residents in Spain discriminated against where inheritance and gift tax is concerned? Are there any possibilities to ask for a refund of the taxes paid in the past? The tax treatment of non residents in Spain concerning inheritance and gift taxes could be considered discriminatory in the UE. Is it possible to claim the refund of taxes already paid?  In the case of mortis causa transfers, if the heirs are tax resident in Spain, the applicable law is that of the autonomous region where the deceased had his habitual residence for more...

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Aug 2014 22

Inheritance and gift taxes in Spain

By | Charities, philanthropy and gifts, Emigration and Immigration, Estate planning, Living will and testaments | 3 min read

Under Spanish regulations, mortis causa transfers and inter vivos gifts are subject to inheritance and gift tax (“IGT”). Spanish resident individuals are subject to IGT on their worldwide assets acquired, while non-residents are subject to this tax exclusively on their assets in Spain or rights that may be exercised in Spain. What you need to know about inheritance and gift taxes in Spain The taxable base of the recipients (heirs, legatees and donees) is the net value of the assets received. Burdens and encumbrances imposed directly on the...

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