Requirements for Inheritance Tax Reclaim
These are the main requirements for assessing a Spanish Inheritance Tax Reclaim:
- The inheritor or the deceased must have been non-fiscal residents in Spain on date of inheritance/death.
- The inherited property/assets must be located in Spain.
- On date of death, inheritor must be tax resident in any EU country or be a citizen of any country with a tax treaty permit the refund.
- Claimants must have paid the Inheritance /Gift Taxes in Spain.
- Claim must be made within 4 years of the date of payment of the Inheritance Tax.
- The minimum IHT amount accepted for the reclaim is 4,000€, if they have paid below 4,000€, it would not worthwhile for the client. (Smaller cases will be considered e.g. 3 family members that have paid 3,000 each=9,000 Euros)
- Claimants must have made the payment of the Inheritance tax within 4 years from the date of lodging the claim.
- The heir must be a direct descendent of the deceased i.e. spouse, grandparent, parent, child, or grandchildren to the deceased.
Toward this aim you will need to locate the official Bank or Agencia Hacienda (Spanish Tax Office) date paid stamp on the tax form Modelo 650/651/652 to check if it is still time to file a claim. If you don’t know what a Modelo 650 form looks like check out this post.
If your claim is deemed to be valid, we will require copies of the Inheritance Deeds (Escritura de Manifestación y Adjudicación de Herencia). Don’t worry if you can’t locate these, we can source them in Spain with the appropriate information.
Note: You need to keep original documents safe as they may be requested by the Spanish Authorities at short notice (although to date no original documents have not been requested).