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Thread: What is the less expensive way for my mother to transfer her property to us?

  1. #1
    Mike
    Guest

    Default What is the less expensive way for my mother to transfer her property to us?

    My parents own an apartment in Menorca. Sadly my father has died. Fortunately they made a Spanish will naming each other as beneficiaries. We understand that my mother will have to pay 50% of the Inheritance Tax. She will then become sole owner of the property. Our question is "When she dies we shall be the beneficiaries under the terms of the will. Do we have to pay another 50% tax or will it be 100% as she is now the sole owner." Subsequent question "Is there any way we can become owners of the property prior to that by purchasing the property 'on paper'. Of course paying the necessary taxes in doing that. Thank you

  2. #2
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

    Default

    Your mother has to now inherit 50% of the property owned by your Dad, and once she is the owner you can then decide to transfer it from her to you, pay the required taxes (7% transfer tax).

    Another option is that your mother incorporate a company and transfers the property into it, after which she will be able to sell the shares to you in an opaque way.

    The convenience of any agreement you make will depend on the value of the property and the inheritance taxes you would have to pay. Should you need further advice on the options available, please let me know.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
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  3. #3
    Unregistered
    Guest

    Question

    Hello, I have been reading many of your treads and articles and have learnt a lot but I do have a couple of questions still which are similar to the ones above.

    My mother would like to change the title deeds of a property in Spain over to me (her daughter) and we are currently researching the best and most cost efficient way to do this.

    Could you please tell me if what I have gathered would be correct.

    She could either give the property as a gift which would mean tax fee's equal to those of Inheritance tax. Which can be very high.

    Or I could buy the property from her at a reduced rate which would be tax of 7% of the property value as by IBI receipt.

    Could you please tell me if this is correct or if there is any other ways to do this with keeping the costs to a minimum.

    Also I am a little unsure on the issue of my father. His name is not on the deeds but I have been advised if my parents were to divorce he would still be entitled to a share in this property. Is this true?
    We are all non residents but my grandfather who is living in the property is a resident.

    Any advice would be greatly appreciated.

    Thank you

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