Inheritance Tax Reclaim

RDT Abogados are delighted to announce the launch of our Inheritance Tax Reclaim service in Spain. If you have paid Inheritance Tax in Spain within the past four years, we may be able to assist with the recovery of the majority of the amount paid. It is a requirement that either the deceased or yourself were non-residents at the time of payment.

The inheritance tax law in Spain differs for residents and non-residents. The tax levied for non-residents is significantly higher than for residents. This method of taxation is in clear breach of European Union Legislation, which stipulates anti-discrimination as per the EU treaty.

What this means?

On this basis, RDT Abogados are able to claim back the overcharged Inheritance Tax amount from the Spanish authorities. Our bi-lingual team of solicitors have many years of experience in dealing with tax issues in Spain.

We are confident in our ability to obtain refunds for our clients and accordingly have set a No Win No Fee payment structure for new clients.

Key Points about our Inheritance Tax Reclaim service:

  • Term to claim: Four years from payment of tax (date stated on forms 650 or 652) and not of the passing of the deceased party.
  • Inheritance tax payment of more than €4,000

  • Taxes paid in relation to the donation of a property can also be considered to an application to reclaim.
  • Non-resident citizen of any EU country or Norway. Any other countries will be considered (will depend on treaties between the relevant states). It is not possible to claim for Swiss citizens.

Minimum original documents to supply:

  • Forms submitted to the Spanish Tax Office
  • Inheritance deeds and power of attorney (once the claim is approved by RDT Abogados).
  • Only spouses by matrimony or ascendants and descendants (sons, grandsons, parents and grandparents) beneficiaries can claim – not common law spouses.

  • Average term for claims: 18 months. The claim must go to the tax office in Spain, Spanish Court and EU Court.
  • RDT Abogados offer a No Win No Fee service. A success fee will apply.
  • A Power of Attorney will be required. This will involve a visit to Notary. The Notary will charge the client directly for processing the document.

The original documents as listed above, together with our Terms of Business (available upon request), should be sent to our London Office.