Don’t be left without your tax refund! The Spanish Tax Office is refunding the overpaid inheritance and gift tax.
After several years warning Spain that its rules of inheritance and gift tax violated the free movement of capital within the EU, finally the Court of Justice of the EU, on September 3rd 2014, approved the Court Decision (Case C -127 / 12) which ended with such discrimination.
On January 1st 2015, the Final Provision Three of the Law 26/2014 entered into force, whereby the second additional provision of the Law 29/1987 (Spanish inheritance and gift tax Law), changes. By means of this amendment, the following special regime has been approved:
- A non-resident in Spain but resident in the European Union, can apply the tax regulations of the Autonomous Communities.
2. Residents who inherit assets in other countries of the European Union can also apply the tax regulations of the autonomous communities in which they are residents, regarding the inherited assets.