A recent judgment of the Spanish Supreme Court may bring to an end the discrimination suffered by residents of third countries (not belonging to the EU) who receive inheritances or gifts in Spain and are paying a higher Spanish inheritance tax than residents of Spain or of the EU. The Supreme Court judgment, rendered in February 2018, ordered the Spanish government to indemnify the taxpayer (a Canadian resident who received the inheritance from his mother, resident in Spain) with the difference between the tax he paid on receiving that inheritance, and the tax he would have had to pay if the relevant autonomous community legislation (which allows tax benefits to be claimed that reduce the tax for Spanish and European residents) had been applied to him, together with late-payment interest.
April 30 2018