Daily news from the Canaries and the islands' biggest English language newspaper on-line
    
News from the financial sectors in Spain and the Canary Islands
   News from the financial sectors in Spain and the Canary Islands

Legal questions and answers
Spanish Inheritance Tax
Q: We are a British couple who own a property in Tenerife.


Ilco
Ilco

line
E.Jones Construction
Tenerife
Soft Furnishings
27.01.2010 - We have heard about a scheme offering to transfer our Tenerife apartment into a UK Limited company in order to avoid paying Spanish Inheritance Tax when we die.  We have no business interests in Spain or Tenerife.  Will such a scheme suit us and will the Spanish taxman accept it?

A: I have written at length about this topic on the various Tenerife Internet Forums.

For most property owners who don’t have other busi­ness interests and simply want to put their private Spanish property beyond the grasp of inheritance tax, the scheme can only work by hid­ing the true facts and status from the Spanish taxman.  If they informed the taxman of the true circumstances, the property would be deemed to be ‘personally owned’.

To make matters worse, most tax authorities are actively closing loophole schemes year upon year.  This type of scheme could easily become expressly prohibited, leaving clients with a further expensive bill to unravel it. There are very limited circumstances where this scheme can work, for instance where the client has genuine business interests here or in the U.K.  Alterna­tively, someone who is termi­nally ill with no time to make other arrangements may consider having nothing to lose by trying such a scheme. Each case has to be assessed on its individual merits and alternative routes/schemes may have to be considered as better alternatives.  It is there­fore important to take advice from a qualified solicitor or accountant, as the majority of companies offering this scheme are not qualified to provide legal advice. 

It is interesting to note that no solicitors, accountants or gestores in Tenerife appear to be offering this scheme as a global inheritance tax solution.

For those whose circum­stances do suit such a scheme, the legal costs should not dramatically exceed the typi­cal legal costs of a regular property transaction. As an example, we recently put together a similar scheme for a client for approximately €3,000 plus taxes and dis­bursements.

For advice and assistance regarding your property and Inheritance Tax affairs, why leave matters to chance?  Contact us today on 922 717845 (0871 218 0063 from the UK) or email us at info@tenerifesolicitors.com



This article appears in the print edition 608 of Island Connections



Gallery: Spanish Inheritance Tax
Ilco 
 1 picture found: Go to gallery
 
03.02.2012 - The Tenerife Cabildo has issued a warning that people should take extra this weekend and avoid unnecessary journeys with high winds forecast with gusts of up to 90 kph expected tomorrow (Saturday).
more...
La Laguna - 03.02.2012 - The owner of a pack of pit-bulls that attacked a man and his dog while they were walking in a La Laguna park is being sought by police. more...
Canary Islands - 03.02.2012 - Although temperatures in some parts of the Canaries are noticeably lower, the islands are virtually the only part of the country to escape Spain's current cold snap. more...
03.02.2012 - The crew of a yacht which caught fire shortly after leaving Puerto Colón were rescued safely thanks to the intervention of another boat in the area, which answered its distress call. more...
Santa Cruz - 02.02.2012 - The first Queen of this year's Carnival was chosen last night in a much trimmed-down ceremony in Santa Cruz's Exhibition Centre. more...
Arico - 02.02.2012 - Police in Arico are investigating the circumstances of the horrific death of a Cuban farm labourer who was crushed by a lorry as he worked early yesterday. more...
Rapa Nui, the unsolved mysteries


Banish the blues
They tell us that this is one of the most depressing times of the year more...
Peugeot 208

IslandConnections - Edition 661
E-Zigarette
Die E-Zigarette Classic ist das robuste Modell für den täglichen Gebrauch.
www.elektrische-zigarette.eu
Rent a car Tenerife
We have been in the rent a car business since 1976 in Tenerife. Our experience - your advantage.
www.hermanns-cars.com
Electronic Cigarette
The Electronic Cigarette SLIM is recommended for smokers with few consume, occasional smokers and to go.
www.liquid-shop.eu
Real Estate Tenerife
Tenerife Real Estate is your partner on Tenerife for penthouses, properties, fincas or business-pubs for the purchase and sale of villas, chalets, houses, appartements.
www.teneriffa-immobilien.es
Removal and shipping
Your transportation professionals for the canary Islands.
www.mobiltrans.com
ic media group
The Magazine - Edition 73