Ripoll Abogados


Driving in Spain, Information in English

Valuable information from Guardia Civil about traffic in Spain.



Discrimination of non residents inheriting property

Inheritance laws that currently are in use in Spain treats residents and non-residents differently. This results in non-residents paying full inheritance tax, which often residents are almost exempt from, or have very large deductions from.

The court on the European Union ruled Sept. 3, 2014 that according to the EU Treaty, this is a clear violation of rules and regulations that deal with non-discrimination and freedom of movement as laid down in the Treaty.

As a result, this means that European citizens who have paid inheritance tax to the Spanish authorities based on calculations made for non-residents in Spain, has the right to demand a repayment of the amounts charged.

If you or perhaps someone you know has paid inheritance tax in Spain, for properties or assets within the last four years, and either the survivor or the deceased was not resident in Spain at the time of death, it is possible to receive a refund of almost all hereditary tax paid to the Spanish tax Office.

This will continue until the Spanish authorities change the discriminatory laws regarding inheritance tax in use at present in Spain. Therefore, if you inherit property / assets in the future in Spain, we can get a reimbursement of nearly all the taxes paid to the Spanish tax authorities.


Non Resident Tax/Self Assessment

This non-resident tax issue can be confusing. There is no equivalent in the UK, and no one from the tax office informs non-residents of their obligation to pay the tax and submit the form. In fact, a lot of homeowners are oblivious to the requirement or think they have already paid.

This is because they have paid local property taxes: Impuestos sobre Bienes Inmeubles (“IBI”). But IBI is another tax that has to be paid by all property owners, residents and non-residents alike. It is set and collected by the town hall, very similar to council tax in the UK. It is usually collected every autumn and you get the amount on an IBI statement through the post.

We can assist you with the self-assessment, if you wish. The fee is 150,- euro per form and includes VAT, information, calculating and filling out the forms and paying the tax on your behalf.

This has to be paid before the 31st December 2016, for the year of 2015, hence we would prefer to be ready by the end of November, so we have time to complete the forms in good time before they have to be paid.


Tax Issues in Spain

It is possible that after you have bought a property in Spain, you will receive a letter from the tax authorities. They will ask for more money, in concept of transfer tax (Impuesto sobre Transmisiones Patrimoniales). The reason is that they consider the price of the property stated in the deed to be lower than the market value. This letter can be sent up to 4 years after you bought the property.

If you are one of the owners receiving this kind of letter, be informed the you can simply pay OR show you opposition to the new valuation assessed by the authorities. If you oppose, you most likely avoid the payment.

We have been giving legal assistance to owners receiving these types of claims for years. Most of our claims have been accepted. Please, contact us as soon as you receive the first letter, and take note of the date of reception. We can help you.