Living in Spain > Taxes & Banking > Expat Spain: Inheritance and Gift Legal Changes for Expats

Expat Spain: Inheritance and Gift Legal Changes for Expats

By Melissa Sullivan

GeoBlue International Health Insurance

Summary: There are three new legal changes on the horizon in Spain, which will positively impact expats and family inheriting from relatives who were expats in Spain. Melissa Sullivan outlines them.

If you are trying to do some tax planning regarding inheritance and gift tax in Spain, I think the following shall find you well. Here is a brief summary of some of the changes that shall affect expats in Spain:

First change: Expats will be able to claim back inheritance and gift tax paid in Spain in several weeks

Indeed, the Court of Justice of the European Union is about to condemn Spain for discriminatory laws on inheritance and gift tax paid by non residents in Spain.

For example, a resident in the UK receives an inheritance valued at 300,000€ from his father residing in Madrid. As the son is not a Spanish tax resident, he would pay 51,361€ 98. If he were a Spanish tax resident he would have paid 536€46, so it should be possible to claim back 50,825€52.

Second change: In August 2015 expats shall be able to chose the law and jurisdiction applicable to their inheritances

The European Union published a Regulation (No 650/2012 or Brussels IV), that shall enter into force on the 17th of August of 2015 but the Regulation clearly states it shall not affect inheritance tax.

Third change: There shall be a general amendment of Spanish laws regarding taxes through 2015 and 2016

Regarding inheritance tax there should be a minimum taxation throughout Spain (for all the Autonomous Communities), some tax benefits should disappear and tax rates shall be modified.

If you prefer that professionals organize your tax planning in Spain and help you file your taxes please contact TGS Edisa.

Then, we propose a special service to claim back the overpaid inheritance and gift taxes paid in Spain.

About the Author

Melissa is a tax adviser working in Spain and is originally from the UK. She works for the firm TGS Edisa in Madrid and Santander. TGS Edisa provides tax advice for individuals and professionals, as legal, accounting, and labor services. Melissa can be reached via e-mail at and phone at 0034 942 31 27 62.

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Aug 28, 2014

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