Go Back  British Expats > Living & Moving Abroad > Europe > Spain
Reload this Page >

Spanish inheritance tax on uk estate for brit living in Spain.

Spanish inheritance tax on uk estate for brit living in Spain.

Old Apr 5th 2018, 6:21 pm
  #16  
Lost in BE Cyberspace
 
EsuriJohn's Avatar
 
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,874
EsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond repute
Default Re: Spanish inheritance tax on uk estate for brit living in Spain.

Originally Posted by Fred James View Post
Yes, I was surprised by that when I first found out about it. You do need to get the agreement from all other parties involved.
The HMRC have a couple of excellent leaflets on DoV which explain the mechanisms. Depending on circumstances it is not necessary to have agreement from other inheritors or if the tax position of the estate is not altered. Also at the England end you do not need to engage a solicitor or notary a simple carefully worded letter is sufficient.

What I find strange is why the Spanish tax authorities will be involved. If you complete the variation before the will is submitted to the HMRC and though it is not always necessary, include a copy of the prepared letter as part of the probate submission the original legatee has inherited nothing. If of course you wait until the first will is proved then the picture is different. We have successfully done this twice for both our mothers and simply missed a generation passing the proceeds directly to our children. First was done by a solicitor who was the executor the second where we were the executors we did ourselves. We are about to embark on a third where again a solicitor is involved as executor and I have issued instructions that we wish to miss a generation again. If the will has not gone for probate you have inherited nothing which uncomplicates the situation that the Estate tax in U.K. and Succession tax in Spain are quite separate taxes not covered by the DTT so in U.K. the Estate pays the tax and then in Spain you pay no tax as Succession tax.

There is lots of information on the internet just google and this should throw up the HMRC LEAFLETS plus if you dig around sample letters prepared by solicitors which with careful thought you can adapt for your own purposes. For the simple estate below the IHT threashold it is money for old rope for the legal profession. The bigger the estate and the more complex the will it may be worth getting the professionals to write the letter to accompany the probate application they carry professional indemnity insurance to cover the risk if it goes belly up.
EsuriJohn is offline  
Old Oct 25th 2019, 7:31 pm
  #17  
Just Joined
 
Joined: May 2019
Posts: 3
Jillf is an unknown quantity at this point
Angry Re: Spanish inheritance tax on uk estate for brit living in Spain.

Can anyone help please my parents passed away and left the house to me and my brother he has split the money in half but kept ex amount back for Spanish tax as he lives there I live in the U.K. am I liable to pay this ?
Jillf is offline  
Old Oct 26th 2019, 6:32 am
  #18  
BE Enthusiast
 
Joined: Jun 2017
Location: Alicante
Posts: 668
Notdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond repute
Default Re: Spanish inheritance tax on uk estate for brit living in Spain.

Are you saying that he's set aside an amount for his tax in Spain prior to splitting the inheritance or from his half.

​​​​​​If the former and the will simply left the estate to the two of you then he has no right to do that, his potential tax liability in Spain (or anywhere) is his alone and nothing to do with you.
Notdunroamin is offline  
Old Oct 26th 2019, 2:55 pm
  #19  
Just Joined
 
Joined: May 2019
Posts: 3
Jillf is an unknown quantity at this point
Default Re: Spanish inheritance tax on uk estate for brit living in Spain.

Hi
He has paid me my half but deducted £45000 for the tax but half of that should be mine
Jillf is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.