Fiscal





Inheriting a pharmacy. Advice on how to avoid taxes.

Sorry, this entry is only available in Español.

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Dissolution of joint ownership is exempt of taxes provided the outgoing owner is paid the fiscal value of his share.

Contrary to the Spanish Tax Office opinion, which is generally accepted, Gutiérrez del Alamo y Martos Abogados has recently won a case against the Tax Office of Marbella. It started in 2009 when the Tax Office settled 1% stamp duty on the transfer of 1/2 from one joint owner to the other who then became full owner of the property. We considered this transaction could not be subject to any tax provided the outgoing joint owner is paid the market value of his share. We omit the legal arguments behind this opinion as it exceeds the aim of this note.

As the Tax Office and later on the Court on Economic Affairs rejected our arguments we appealed to the Supreme Court of Justice of Andalucía who ruled the case annulling the tax settlement proving us correct. This Judgment of 24th of June 2013 is the first case precedent in the Málaga division of this Court, followed by other case precedents from the Sevilla division being the last one ruled on the 30th of March 2012.

Despite these case precedents the Andalucía Tax Office keeps taxing dissolutions of joint ownerships with 1,5% stamp duty.

We encourage taxpayers to challenge these tax settlements as no doubt the Courts will annul them. Even those who paid the tax in the past (no more than 4 years back) have the right to claim their money back.

Gutiérrez del Alamo y Martos, Abogados can help them in this complex proceedings representing the clients throughout all stages. We charge a small fee at the beginning and a success fee at the end. For further information you can contact the lawyer Adolfo Martos at amg@gam-abogados.com.

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Spain again discriminates against non-resident foreigners in Spain in tax matters, particularly in respect of inheritance tax

Non-resident heirs pay higher taxes than resident heirs. This discrimination is contrary to the Treaty on European Union.

Spain, particularly the Costa del Sol and Marbella, has for many years attracted foreign tourists who invest in a second home where they go on vacation or spend long periods after retiring. What they most likely do not take into account is that when they pass away their heirs will have to pay higher taxes than resident Spaniards in the same situation. (more…)

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The “true” value of your property for the Tax Office

There was a common belief that the purchaser of a property can save taxes declaring a fake price under the real one. This is far to be truth and the last thing I would recommend to do. First of all it may be considered as money laundering no matter whether the money invested is absolutely clean and white and second because the tax you could save today will most probably be less than the extra capital gain tax you would have to pay tomorrow when selling the property. This is penny wise, pound foolish. (more…)

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