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Tales of the Alhambra

21 May 2013 / Rob Durrant-Walker
Issue: 4403 / Categories: Comment & Analysis , Inheritance Tax

A guided tour of Spanish villas and inheritance tax planning

KEY POINTS

  • Overseas assets will form part of a UK domiciliary’s estate subject to inheritance tax.
  • Summary of the calculation of the Spanish succession tax.
  • New UK/Spain double tax treaty does not include inheritance tax.
  • Unilateral relief will apply under IHTA 1984 s 159.
  • Spanish villas and some tax mitigation suggestions.

It is well known that the worldwide estate of an individual who is domiciled in the UK is subject to inheritance tax. A Spanish villa will form part of the estate and potentially be subject to this tax at 40% as well as to Spanish taxes.

Consequently UK resident and domiciled clients who own Spanish villas as a second holiday home may well require inheritance tax planning and such planning needs to take...

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