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DISCRIMINATION BETWEEN EUROPEAN AND NON EUROPEAN RESIDENTS IN THE INHE...

Picture FIN A LA DISCRIMINACION DE TRATO EN EL IMPUESTO SOBRE SUCESIONES Y DONACIONES

As you may know the Inheritance tax to pay in Spain was different depending of the place of residence. Until now, citizens from outside the European Union paid higher rates than Europeans. But this situation is abode to change.

The Spanish Supreme Court has ended with the discrimination between resident and nonresidents in the European Union.

So far, those who were tax residents in Spain or in any country of the European Union had the right to apply many benefits in terms of reductions in the Inheritance and Gift tax than residents outside the European Union.

The Spanish Supreme Court, following a ruling of the High Court of Justice of the European Union, has determined that this discrimination of treatment is a serious violation of the principle of free movement of capital, established in Article 63 of the Treaty of flexibility of the European Union (TFEU), which also protects residents in non-EU countries.

This judgment, it opens the possibility of initiating a procedure for getting a rebate for all those who have paid the tax for any inheritance or gift with residents in non-EU countries in the last four years. Non- European residents can claim back the amount which excess the rate than European residents would pay in the same situation.

If you are in that situation, do not hesitate to contact us. In Consultoria VILLE will be happy to help you.

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