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I would be interested to know if any other couple who live here in Spain that are not actually married are having any problems with reference to the subject of Inheritance Tax if one of you dies?
It looks like that if you are not married and are just living together, irrespective of how many years you have lived together, that the surviving partner would have to pay Tax of approx half the value of the joint property plus joint assets. This, of course, only applies to people who are actually Resident here in Spain.
Has anybody had any experience of this please in getting round it? We live in the Alicante area.
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http://www.spain-info.co.uk/Holiday-Camp-Bungalows-Guide.htm
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I believe you should register (with town hall / regional authority?) as a 'couple'. That way your partner will be treated as your 'spouse' when you die.
I knew a couple of guys who had been together for over 30 years. When one fell ill the other was denied info at the hospital as he was not ‘next of kin.’ They registered as a same sex couple and resolved the problem.
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When you refer to registering as a couple, presumably you mean as a paraja de hecho (equivalent to common law husband & wife). The advice we were given by a gestora in the Communidad Valenciana was that this would not solve the problem of inheritance tax in the case of a hetrosexual couple. They will always be treated as 'strangers', in legal terms, if one dies, and the survivor will have a large inheritance tax bill. We were told the only way round it is marriage!
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Me and my partner Stu are returning to the UK to get married in June
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Done the Spain thing Happier in the UK
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We are going to Spain in a few days and have been advised that we ( married couple ) only need to complete a Spanish Will.... signed at the Notary which will cover "All our Spanish Assets" and that will cover us legally for our holiday property for the future if anything happens to either of us . Is that good advise or questionable. We are non resident .
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Fomer member revisiting r.
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"When you refer to registering as a couple, presumably you mean as a paraja de hecho (equivalent to common law husband & wife). The advice we were given by a gestora in the Communidad Valenciana was that this would not solve the problem of inheritance tax in the case of a hetrosexual couple. They will always be treated as 'strangers', in legal terms, if one dies, and the survivor will have a large inheritance tax bill. We were told the only way round it is marriage"
Thats correct with regard to Valencia. The IHT laws are quite specific that they relate only to the Spouse (and others). In Andalucia however, there is an additional clause specifically defining partners registered on "el Registro de Parejas de Hecho" as a Spouse.
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aliton -yes, a will will cover who you want to leave your assets to, but you will still be liable for IHT on your assets in Spain if your husband/wife dies. Sorry if you already know this, but I have met people who think that making a will miraculously negates the need to pay IHT!
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http://murciatoday.com/27th-march-abaco-tax-tea-and-travel-in-mazarr%C3%B3n_20556-a.html Road show in Mazarron re this topic and taxes.
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It'll be the same old stuff that you can get online;it'll probably promote investing the prperty in a UK company etc!
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I agree with you however friends of mine are going to see what it is about. So will be interesting to know if we are right.
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An explanation:
issuu.com/mariadecastro/docs/spanish_wills_and_inheritance_tax_r_?e=0/6654714
Please let me know if you have got questions!
Maria
This message was last edited by mariadecastro on 24/03/2014.
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Maria can this link be done so that we can just click on it please?
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Campo,
I am sure you know how to, but just in case.
Put your curser over the web address, left click mouse and drag the curser over the address, to highlight it. Put curser over the highlight and right click, press copy. Go to your browser put the curser in the search box, right click mouse and click paste. Then search.
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Very tactful of you Johnzx- I didn't know how to do it on an ipad! However I managed it only to find that the search resulted in" your search did not match any documents"
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On ipad, just rest you finger lightly over the link and up comes a " blue" copy or decline line. Expand the blue line to what you want to copy. Click copy and paste in search engine. Must admit it is not as easy as on a PC until one gets used to it.
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