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Spanish inheritance tax and gift tax: a long and winding road

First published in Private Client Business, P.C.B. 2020, 1, 1-5.

It is certainly the case that Spanish tax law is evolving to keep up with European law, but not without a struggle. We appear to have reached a level playing field, whereby the liability of everyone to Spanish inheritance tax and Spanish gift tax is applied equally, irrespective of the country of origin, or the country of residence of the person liable to the tax. However, this has taken some 22 years to achieve.

Last updated: 16 March 2020

Death and taxes in Spain

First published in the A Place in the Sun magazine, Autumn 2019 issue.

Over the past 12 months, the Spanish government has made important changes reducing significantly the cost to consumers of borrowing money secured against Spanish property, and equally important changes to the amount of inheritance tax and gift tax to be paid in Spain, irrespective of one’s country of residence.

Last updated: 16 March 2020

Buying property in Camposol

The Camposol development in Murcia, Spain, is an area known to have been plagued by difficulties during the build and in its early years.  As the situation has improved and stabilised British buyers have been tempted by the plentiful supply of property at reasonable prices and so we are seeing more buyers keen to purchase a place in Camposol.  

Last updated: 6 August 2019

Spanish assets and minor interests

In England & Wales it is impossible for buildings and land to be registered in the name of a minor (someone under 18 years of age according to English law).  Instead, property is held in trust for the minor, whereby the legal owner of the property is an adult who holds the beneficial interest in the property for the minor.  There may be more than one trustee and more than one beneficial owner. The duties of a trustee in those circumstances are established clearly by law in England & Wales.

Last updated: 12 April 2019

Deal or no Deal - Brexit Update

In 2016, immediately following the referendum of 23 June, we considered the possible effects of Brexit on Brits in SpainBrits intending to move to Spain, and those who intended to purchase property in Spain after Brexit.  

We intended, as the negotiations progressed, to write regular updates as the terms for the United Kingdom leaving the European Union were agreed.  Since 23 June 2016 we have been watching and waiting. It has been extremely difficult to put anything in writing when the position has remained undefined.  We are now in April 2019 and it seems that the Brexit position is no clearer.

The fact that a Brexit deal that can pass through Parliament has not yet been reached does not, however, mean that the position is entirely uncertain.  In some ways Brexit will not have any discernible effect on day to day life for individual Brits in Spain. In some respects Brexit will have a minor impact and in other areas we will see significant change to the status quo.  

The Spanish government, aware that there are significant numbers of Brits travelling to, investing in and residing in Spain, has put initiatives in place so that the position in the event of a no deal Brexit is clea

Last updated: 9 April 2019

5 key things you need to know when buying property in Spain

The process, costs and pitfalls of buying a place in Spain have been well documented.  However, what follows the purchase receives less attention, despite being equally important.  Being a property owner in Spain attracts the same risks and responsibilities as owning property in any other jurisdiction, but there are some quirks that are unique to Spain.  Here we guide you through the steps you ought to take and matters you should be aware of when you become a property owner in Spain.

Last updated: 15 March 2019

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Testimonials

Upon the death of my late brother, Jonathan Eshkeri guided me through the extremely complex workings associated with winding up my late brother's estate in Spain. He died intestate, and Jonathan worked tirelessly and with great good humour, dealing with the Spanish Courts and also with the sale of my brother's house. I always have had great confidence in him and have no hesitation in recommending E&G Solicitors in Spain unreservedly.

Tim Seely, Norfolk

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