Possibility of claiming a Spanish Inheritance Tax refund

Following a recent judgment of the Court of Justice of the European Union (CJEU) in Case C-127/12, non-Spanish resident taxpayers that have paid Spanish Inheritance and Gift Tax (IGT) in the last four years are generally entitled to claim a tax refund.In the aforementioned judgment, dated 3 September 2014, the CJEU held that the Spanish IGT was contrary to the free movement of capital within the European Union (EU), guaranteed under Art. 63 of the Treaty on the Functioning of the European Union (TFUE) and Art. 40 of the Agreement on the European Economic Area (EEA)…