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Commission refers Spain to the EU Court of Justice over discriminatory inheritance and gift tax rules

  • Squire Sanders Hammonds
  • -
  • European Union, Spain
  • -
  • December 13 2011

The European Commission has concluded that Spanish inheritance and gift tax rules constitute an obstacle to the free movement of persons and capital in breach of the Treaty on the Functioning of the European Union, and therefore has decided to refer Spain to the EU Court of Justice for discriminatory tax rules that require nonresidents to pay higher taxes