Inheritance Tax claim fees

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This topic contains 3 replies, has 3 voices, and was last updated by Profile photo of Em Em 8 months, 3 weeks ago.

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  • #189970
    Profile photo of Jason4479
    Jason4479
    Participant

    Hi

    I’m new to this forum, helping my mum who lived in Javea, but her husband died in 2014. She had to pay Inheritance tax at the time.

    Now, as she has no income she has had to return to the UK.

     

    She is trying to reclaim the Inheritance tax she had to pay at the time, as per the EU ruling put in place a year or two ago.

    A legal company are brokering the refund, but are charging very high fees as a percentage of the refund. My mother hasn’t confirmed them to act in her behalf yet.

    Does anyone know the typical legal costs for this time of claim?

    Does anybody have any reputable and cost effective legal contacts who could advise me, and help with the claim?

    Many thanks for any advice you can give me. 🙂

    Cheers,

    Jason

     

     

  • #190023
    Profile photo of Mark Stücklin
    Mark Stücklin
    Keymaster

    Jason, can you provide more information?

    What is the amount of IHT your mother had to pay?
    On what grounds is she reclaiming the tax? Can you link to the EU ruling you mention?
    How much / what percentage are the company proposing to charge?

    • #190024
      Profile photo of Jason4479
      Jason4479
      Participant

      Hi Mark, thanks for taking the time to reply.

      The amount was 10,489 Euros.

      Her husband died while they were living in Javea, Spain as non-residents. She is claiming on the grounds that the European Court of Justice has ruled that the Spanish authorities cannot charge different rates of inheritance tax for residents and non-residents. I believe the case was from September, 3, 2014 – Case C-127-12).

      The company were proposing 30%.

      Thanks,

      Jason

       

       

       

  • #190054
    Profile photo of Em
    Em
    Participant

    Hi

    I am new to this forum also but this is exactly what we have been dealing with since my father passed away in 2014.  We used a firm in Madrid (dealing with a property in Marbella) who were charging 20% of the final settlement.  This seemed to be the only option and they had been successful doing it before.

    The only thing we weren’t aware of is there is a cap which we have now discovered.  If the property is worth more that 175K euros then you can’t claim any tax back.  It has taken us over a year to finally be told that we have no way of getting any money back.

    Financially if we had known this at the start we would have been better off selling the property – sadly.

    I hope this is useful.

    Kind regards

    Em

     

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