Reclaim Your Overpaid Spanish Inheritance & Gift Tax (No Win, No Fee)
Why You May Be Owed a Significant Tax Refund from Spain
The law in Spain regulating inheritance and gift tax treated residents and non-residents differently until January 2015. Non-residents had to pay much higher taxes than non-residents.
Therefore, according to the European Court of Justice ruling from September 2014, if you did pay inheritance taxes in Spain within the last four years from today as a non-resident, as a European you are entitled to make a claim to recover the taxes back plus 20% in legal interest.
The Legal Ruling That Changed Everything
While Spanish residents benefited from significant tax allowances and deductions, non-residents were often subject to much higher tax rates on the same assets. This changed with a landmark decision by the European Court of Justice (ECJ) on September 3, 2014.
The court ruled that Spain’s inheritance and gift tax laws were discriminatory and violated the principle of free movement of capital within the European Union. This ruling forced Spain to amend its legislation, ensuring that non-residents are treated the same as residents for tax purposes. More importantly, it opened the door for those who had previously overpaid to claim a full refund.
Are You Eligible for a Refund?
You may be eligible to reclaim overpaid Spanish inheritance or gift tax if you meet the following criteria:
- You have paid more than €3,000 of inheritance tax within the last four years
- You have one of the following heir relationship with the deceased:
- Descendants of the deceased: children – grandchildren
- Ascendants of the deceased: parents – grandparents
- Spouse
- The deceased or the heirs were non-residents
If you are unsure whether you qualify, our team can provide a no-obligation assessment of your case. We will review your documentation and advise you on your eligibility to make a claim.
What You Can Reclaim: Your Tax Plus 20% Legal Interest
A successful claim allows you to recover the difference between the discriminatory tax you paid as a non-resident and the amount you would have paid as a resident. This can often represent a substantial sum.
In addition to the overpaid tax, the Spanish tax authorities are required to pay legal interest on the amount refunded.
This interest is calculated from the date you originally paid the tax until the date the refund is issued, currently at a rate of 20%. This significantly increases the total amount you can recover, compensating you for the time your money was unfairly held.
Our No Win, No Fee Reclaim Service: How It Works
We believe you should not have to pay to reclaim money that is rightfully yours. That is why we offer our specialized tax reclaim service on a “No Win, No Fee” basis. This means you face no financial risk. We cover all costs associated with the claim, and you only pay our fee if we successfully recover your refund.
Step 1: Free Eligibility Check
The process begins with a simple, free evaluation. Contact our team and provide us with the details of your inheritance or gift tax payment. We will quickly assess your situation to determine if you have a valid claim and estimate the potential refund amount you could receive. There is no charge and no obligation for this initial consultation.
Step 2: Our Expert Team Handles Your Entire Claim
Once we confirm your eligibility, and you decide to proceed, our legal experts take over. We will prepare and file all necessary documentation with the Spanish Tax Agency on your behalf. Our team will manage all communications, navigate the complex legal procedures, and handle any challenges that arise. You can rest assured that your claim is being managed by seasoned professionals dedicated to securing your refund.
Step 3: You Receive Your Refund
Upon successful completion of the claim, the Spanish tax authorities will transfer the refund, including the principal amount plus interest, directly to you. Our fee is then deducted from the recovered amount. You will never be asked to pay any upfront costs. If for any reason the claim is unsuccessful, you owe us nothing. It is a straightforward and risk-free process designed to get your money back in your pocket.
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We provide the specialised expertise needed to make your claim successful. Based in the UK since 2007, we work entirely in English and understand the differences between the UK and Spanish legal systems. Supported by a team of legal professionals in Spain with over 30 years of experience, we bridge the gap between UK clients and Spanish authorities. Our “No Win, No Fee” guarantee reflects our confidence in delivering results.
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Take the First Step Towards Your Refund
Do not let the Spanish tax authorities keep your overpaid funds. If you have paid inheritance or gift tax in Spain as a non-resident, you could be owed a significant refund. The window to make a claim is limited by a strict four-year deadline, so it is crucial to act quickly.