March 11, 2016 at 2:03 pm #189970Jason4479Participant
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. 🙂
March 17, 2016 at 4:23 pm #190023Mark StücklinKeymaster
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?
March 17, 2016 at 5:07 pm #190024Jason4479Participant
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%.
March 19, 2016 at 12:15 pm #190054EmParticipant
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.
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