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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5739
Experience:  Spanish Attorney
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My Father died 2 years ago in Spain,he half owned a Spanish

Customer Question

My Father died 2 years ago in Spain,he half owned a Spanish villa with his partner. He left his half to my sister and I.probate was granted and all of the taxes were paid.The largest amount paid was €19000 approx tax on the 1/2 of the Villa.It was either pay up or hold on to the property for 10 years and pay a much reduced amount.We have since heard that it is only 5 years is this true.Can the amount be claimed back in our country of residence.I am a UK citizen living in Ireland and my sister is also a UK citizen living in England

Just to clarify.My name is***** and am using my husbands email and credit card.He has used this service in the passed

Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.
Hi there
The tax only could be charged in five years since the person passed away, so, the spanish tax office has another three years to ask for the money
They do not need to charge you in UK, for they is easier to seize the propietu here and even to sell it out to get the cash on an judicial auction, auction in court.
You should make sure that the spanish tax office has not put a warrant on the propiety in the propiety register because if it appears the propiety even could be sold out in court
You could ask for a nota simple at the propiety register to be sure that they are not going for the cash by this way
I will be here if needed
Thank you
Please ask whatever you need

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