Still waiting for mañana – update on Spanish IHT refunds

05 August 2015

Joan Foster 

It is thought that those due refunds of Spanish Inheritance Tax may have to wait up to nine months for their claims to be lodged and processed.

In Weekly Tax Brief just over a month ago, we reported that following rulings in the European Court of Justice, Spanish Inheritance Tax rules were to be reviewed where they penalised those who were not residents of Spain, when compared to the tax rates and allowances that were available to Spanish residents.

This week we hear reports of refunds being received. In some cases this could be 100 per cent of the tax paid, in others it will depend on the rules of which jurisdiction were applied at the time of the original calculation. Whilst a taxpayer can represent themselves in claiming any refund due, it would be wise for those affected to seek appropriate legal and tax advice due to the potential complexities that are involved.

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