16 Jan 2014 3:55 AM:
My Mum owns a flat in Benalmadena. She didn't take to life in Spain and now lives in England with one of my sisters. Meanwhile, for the last 5-6 years, the flat has been rented (is currently vacant in case anyone is interested in cheap rent - 550 per month). There are three children - me and my two sisters who will be beneficiaries of my Mum's estate when she passes on. One sister lives in Spain and has been for the last 7 years or so. One sister lives in England (with Mum) and I live in New Zealand.The flat is said to have a fiscal value of about 165,000 Euros. Mum is getting quite old now and my two sisters and I are thinking about the best way to reduce our tax liability.
A local property manager has suggested the property could be transferred into a Spanish limited company. This would cost approximately €3,800. Upon mother's death, the shares could be dealt with for inheritance tax purposes and the inheritance tax would be the same. If, however, we did not probate the shares for 4½ years, the liability to pay tax would become statute barred (i.e., no tax). The property would be able to be sold even during this period.
Is this dodgy, or is it a good way to avoid paying inheritance tax. Any thoughts anyone? Anmy advice would be greatly appreciated!!!!
Thread:
Non Residents Inheritance Tax in Anadalucia
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