HOW NOT TO 'AVOID' IHT

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29 May 2014 7:52 AM by johnzx Star rating in Spain. 5242 posts Send private message

Info from businessovertapas.com (thanks Lenox)

From BeLegal.com and Antonio Flores: It is hereby informed to the public at large that on the 14/11/2013 the Directorate General for Taxation (DGT), by means of Tax Binding Consultation V3350-13, concluded that a scheme consisting on transferring Spanish property to a UK-based company, with the purpose of avoiding Spanish Inheritance Taxes (IHT), is not legal.

The following statement has been issued by the DGT: “In relation to the tax scheme consisting in legally transferring a property to a UK-based company, with the sole purpose of avoiding IHT in Spain through relocation of the taxation of the shares of the said company to the UK, there cannot be a favourable response by this Tax Department in relation to the lawfulness of the scheme. Only via the appropriate inspection procedures will the Tax Office be able to establish whether the scheme conforms to the law or, as the case may be, infringe it in which case, the Tax Office will be able to regularize the anomaly by initiating the required procedures to combat tax fraud.” 


tHIS I



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