# Post Brexit Inheritance Tax for non-residents



## Rodolfo (Feb 20, 2018)

I'd have thought this would have been covered already but can't find a reference. Any guide to how non EU citizens Inheritance tax is calculated?


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## snikpoh (Nov 19, 2007)

In Spain there is no IHT, only Succession tax.

So, you may end up paying both although, sometimes, one can be used to offset the other.

This is a useful link;

https://www.expatica.com/es/finance/A-guide-to-Spanish-inheritance-tax_102092.html


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## angkag (Oct 29, 2013)

In 2015 some law came in that EU citizens could choose either home country inheritance tax or country of residence/domicile (a bit more complicated than that, but in a nutshell).

Presumably that choice is lost if no longer an EU citizen ?


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## Lynn R (Feb 21, 2014)

angkag said:


> In 2015 some law came in that EU citizens could choose either home country inheritance tax or country of residence/domicile (a bit more complicated than that, but in a nutshell).


Not so, I'm afraid. That related to EU citizens being able to bequeath their assets according to the law of their country of origin rather than their country of residence, if they so wished, but it did not have any effect on inheritance tax liability.


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## snikpoh (Nov 19, 2007)

Lynn R said:


> Not so, I'm afraid. That related to EU citizens being able to bequeath their assets according to the law of their country of origin rather than their country of residence, if they so wished, but it did not have any effect on inheritance tax liability.


Absolutely - has no effect on ANY tax at all. Just gives one the choice of who one leaves what to.


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## Juan C (Sep 4, 2017)

I understand Andalucía, as from January this year, increased the tax free allowance for tax residents on Inheritance Tax to 1 million euros. It applies only to children and parents I think, but only if they reside in the EU

Thus if/when UK ceases to be in EU, that allowance may revert to around 18,000 euros p.p. unless the agreement, yet to discussed, make a special provision for that.

There is some info here : http://https://www.spenceclarke.com/pdf/25.pdf


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## Patico (Sep 24, 2017)

Juan C said:


> I understand Andalucía, as from January this year, increased the tax free allowance for tax residents on Inheritance Tax to 1 million euros. It applies only to children and parents I think, but only if they reside in the EU
> 
> Thus if/when UK ceases to be in EU, that allowance may revert to around 18,000 euros p.p. unless the agreement, yet to discussed, make a special provision for that.
> 
> There is some info here : http://https://www.spenceclarke.com/pdf/25.pdf


Incorrect link


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## Rodolfo (Feb 20, 2018)

Juan C said:


> I understand Andalucía, as from January this year, increased the tax free allowance for tax residents on Inheritance Tax to 1 million euros. It applies only to children and parents I think, but only if they reside in the EU
> 
> Thus if/when UK ceases to be in EU, that allowance may revert to around 18,000 euros p.p. unless the agreement, yet to discussed, make a special provision for that.
> 
> There is some info here : http://https://www.spenceclarke.com/pdf/25.pdf


That was what I suspected Juan when I originally posted. This seems to back it up Spanish Inheritance Tax

If no provision is made as you comment, then one option to avoid this would be to gift the property before Brexit. Not for everybody of course.


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## CapnBilly (Jun 7, 2011)

Rodolfo said:


> That was what I suspected Juan when I originally posted. This seems to back it up Spanish Inheritance Tax
> 
> If no provision is made as you comment, then one option to avoid this would be to gift the property before Brexit. Not for everybody of course.


You need to check out gift tax in Valencia as well. There were some changes last year and it’s not as generous as it used to be. Key issue is the value of the assets, and the number of beneficiaries. Also bear in mind that the value you declare for gift tax purposes establishes the value for any future capital gain if the asset is sold in the future.


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## Rodolfo (Feb 20, 2018)

I'm in Valencia, so that is exceedingly helpful. Thanks


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## Juan C (Sep 4, 2017)

Patico said:


> Incorrect link


I tried from the link and it did not work, however, I then copied and pasted it into my browser and hey presto there it was


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## Patico (Sep 24, 2017)

Juan C said:


> I tried from the link and it did not work, however, I then copied and pasted it into my browser and hey presto there it was


Tried that and still did not work on Chrome or Safari or Opera


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## Rodolfo (Feb 20, 2018)

Re the link. The beginning is wrong. Try from www. Or even just the part afterwards. I had a similar problem. It's just a matter of using the bit that works. Not so easy maybe if you are not used to these issues.


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