Is Spain as a EEC member discriminating illegally ?

[ItsSpainNotUK]

Hi,

This came up on the forum and I was wondering your 'general' viewpoint ?.

"The whole concept of a wealth tax or implied rent for non residents has been challenged in the European Court as discriminatory. We are all part of the same European Community and other countries do not discriminate against non-nationals in this way. If this challenge is successful then other EC national must be tried in the same way as the indigenous Spanish population. This will have implications for capital gains tax as I believe that non-nationals are treated differently for this tax".

Regards
John

[Expert advisor]

In general terms and in some cases, the fiscal rules for Non-Residents can be considered as discriminatory, having the Spainsh Goverment the obligation to change the laws if the European Union orders that. Nevertheless, until these laws are changed, they should be accomplish in order to avoid being in infringement of the Laws.