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Thread: Spanish Inheritance Tax: How much is it?

  1. #21
    Tony
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    Default Spanish Inheritance Tax: How much is it?

    My mam died two years ago in Spain, she bought property with my stepdad.
    before she could sign her will she died.
    With Spainish law who does the property go to.

  2. #22
    Senior Member
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    Oct 2008
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    Marbella
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    Dear Sir,

    What nationality did your mother hold?
    Was she married to your stepfather?
    Did she draw up a will in her home country?
    Did she have more children?
    What value was the Spanish estate?
    Did she own real estate assets (i.e. dwellings, plots of land) in her home country?
    In which of Spain's 17 regions was the proeprty located?

    Yours faithfully,

  3. #23
    Tony
    Guest

    Default Spanish Inheritance Tax: How much is it?

    Her nationality is English she is married to my stepfather and there was no will made at home, the day she was to sign her will in Spain she died, my mother have one daughter to my stepfather. She had no other property in England, the only property they had was in Alicante.

  4. #24
    Senior Member
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    Dear Sir,

    In that case Spanish law would apply and you would inherit in equal shares with your stepsister.

    Yours faithfully,

  5. #25
    Nichola
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    Default Spanish Inheritance Tax: How much is it?

    Dear Sir,
    My father passed away in Feb 2006 and at the time of his death, his 50% of the property passed to my mother. At the time of his death, my mother was asked to pay 1700 euros (although she cannot remember now what this was for) and now she is selling the property, she is being asked to pay IHT in excess of an additional 10,000 euros. My mother has been advised that the law has recently changed whereby the surviving spouse receives a 95% allowance on IHT but unfortunately my father died before this date and as such she must still pay at the previous rate. This seems very unfair, does this sound right?

  6. #26
    Senior Member
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    Dear Nichola,

    To the best of my knowledge that tax exemption available to resident surviving spouses of 95% on the estate has been going on for quite a while now, as in for the last quarter of the century as per art 20.2 of the LISD from1987.

    It is not a "recent" change by any extent of the word. Your father was well alive when this tax exemption was already in force and I was in school.

    Yours sincerely,
    Raymundo LarraĆ*n Nesbitt

  7. #27
    Christopher S.
    Guest

    Default Spanish Inheritance Tax: How much is it?

    Dear Sirs, my grandfather (mother's father) died a few years ago, leaving property in Majorca and his assets to his 2nd wife in a Spanish will. Now she has died and has left the whole estate to myself and my brother, as well as my uncle. Although we are blood relations to my grandfather and those were his wishes, we apparently are not blood relations to his 2nd wife and there is confusion over what should be happening.
    She has no living family.
    The Spanish solicitor has appointed himself as executor which we find surprising, and has told us to wait 24 days until the will can be read. He has locked the property up, holds the keys and refuses any person to go there until the will has been read.

    He has also advised we will have to pay "high IHT" but has not quoted a figure.
    Any advise would be useful as we are very concerned with all of the above.
    Many thanks.

  8. #28
    Senior Member
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    Dear Christopher,

    The Executor is right. As you are not kinship of your grandfather's second wife you will be ranked for IHT purposes in Group IV meaning you have no national tax allowance.

    Besides, I take for granted you are not resident in Mallorca either so you are not eligible for lenient regional tax allowances either.

    The above two points will land you higher in the tax bracket for IHT.

    Regarding the lawyer withholding the will for the next 24 days I have no idea why he may be doing that. Perhaps he does not have the will as you believe or maybe he's just making sure it is indeed her last will requesting from Madrid's Central Registry of Last Wills information pertaining to it which takes on average 2-3 weeks. I'm sure there's a logical explanation to it.

    You can read further on IHT in our articles:

    EU Pulls the Stops and Vows to Put and End to Inheritance Taxation Discrimination on Non-Resident Beneficiaries Inheriting in Spain -20th May 2010

    New EU Regulation to be Passed on Succession and Wills -18th May 2010

    Spanish Inheritance Tax: Advantages of Making a Will in Spain – 3rd September 2009

    Free Testamentary Disposition for UK Citizens: Only if You Own Property in the UK – 22nd October 2008

    Spanish Inheritance Tax Abolished? I’m Afraid Not! - 19th September 2008

    Ways on How to Avoid Inheritance Tax on Spanish Property – 22nd June 2005

    Applicable Inheritance Law to Estate Located in Spain – 16th April 2004

    Spanish Inheritance Tax: How much is it? – 1st February 2000

    Let me know if you are interested in hiring us to represent your legal interests in this matter. Our law firm acts nationwide.

    Yours sincerely,
    Raymundo LarraĆ*n Nesbitt

  9. #29
    Joe Hill
    Guest

    Default Spanish Inheritance Tax: How much is it?

    My mother and father, married to each other, own a property in Alicante Province. They are both German citizens, and do have Spanish NIE numbers, as far as I know. They are both on the deed, the home valued at approx. 120,000 Euros. If one partner dies, what is the tax liability for the other partner, being that they are not Spanish citizens.

    Best Regards,
    Joe Hill

  10. #30
    Susanna K
    Guest

    Default Spanish Inheritance Tax: How much is it?

    Dear Sirs.
    My partner and I bought a house near Denia, Alicante. I would estimate the house to be worth in the region of Euros 600,000 and it is in our joint names. We are not married. I have three children aged 17,19 and 22. My partner has a son aged 15. We are making a spanish Will on 28 July. We would like to leave the house to the other surving partner. Should we both die together then we would divide the house equally between the four surviving children. As we are not married, I assume that I would be considered group 4 and would have not qualify for any inheritance tax allowance. Would this be on just one half of the property as it is in joint names? Also, should we both die, please would you define which groups the children would fall into with regards to inheritance tax? We do plan to get married but thought it would be the responsible thing to make a will now. Do we have to make another will when we marry? Thank you very much. Regards, Susanna K

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