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Private client briefing for October 2014

Andrew Goldstone and Stuart Crippin (Mishcon de Reya) give an update on recent developments, including: Spanish inheritance tax refunds, pensions changes, and the cases of Hirst and Drown and another (as executors of Leadley deceased).

Possible refunds of Spanish inheritance tax

Spanish inheritance tax applies to assets situated in Spain and is payable by the beneficiaries of those assets. The applicable inheritance tax rate is determined by Spanish regional governments under devolved tax powers and depends upon a number of factors. These include the relationship of the beneficiaries to the deceased whether the beneficiaries were resident in or outside Spain and also whether or not the deceased died while resident in Spain. The effect of the relevant factors can result in less inheritance tax being paid by Spanish resident beneficiaries than by non-Spanish resident beneficiaries.

It has long been thought that a tax system which favours Spanish residents was discriminatory under...

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