Search:     Go  
The Spanish Lawyer Online
The Spanish Lawyer Online
Page 8 of 8 FirstFirst ... 678
Results 71 to 74 of 74

Thread: Ways on How to Avoid Inheritance Tax on Spanish Property

  1. #71

    Default

    Hello Tom J,

    If your father transferred the ownership of the house to your younger brothers while alive through a donation process, there is nothing against Law regarding this fact. However, that donation can be considered as part of the inheritance that could belong to them. If the rest of the descendants understand this donation was done by fraud of Law, with the aim to avoid respecting their legitimate rights, it would have to be proved before the courts of Justice.

    Best Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  2. #72
    artie
    Guest

    Default Illegal Ways on How to Avoid Inheritance Tax on Spanish Property

    Hi, I have a place in the Canaries and m partner has a place in mainland Spain. I am considering a uk Company and transfer both into it, with the shares owned wholly by my partner's grown up children. Both properties are occasionally let out for holidays. Any thoughts? Thank you.

  3. #73
    Tom
    Guest

    Default Illegal Ways on How to Avoid Inheritance Tax on Spanish Property

    If you are a uk resident can you sell your spanish property to a relative for a small amount to avoid spanish iht or does the property have to be sold at market price (whatever that is these days!). Thanks

  4. #74

    Default

    Hello Tom,

    Transferring the property to the future inheritors is a commonly effected transaction that is nonetheless risky: the reason is that the transaction can be deemed as void by the authorities, since the price is not real or is too abnormally low and therefore, they can conclude that a “simulation” has taken place with the purpose of producing certain effects that are contrary to law.

    If a real sale takes place, you will have to pay Capital Gains Tax and the buyer, Transfer Tax.

    There is not a " legal " way of avoiding the IHT, but you may be able to take advantage of some exemptions and have it reduced depending on certain circumstances ( use of the dwelling, family relationship, residency status, age of heirs, region where the deceased is domiciled, etc. ).

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •