Just under a year ago, the children of women killed in cases of violence against women had a A tax shield that exempts them from paying almost any tax liability derived from the inheritance of goods and the assets that correspond to them due to these tragic circumstances. This new tax benefit, included in the Basic Law to Improve the Protection of Orphans Victims of Gender Violence promoted by the Socialist Group and finally approved in March 2022, sought to solve the problem arising from the collection in the form of assets – many times real estate – of legal compensation commensurate with the heirs , which, according to the socialist group, the promoter of the rule, assumes “a great economic burden on these (heirs), which can even prevent the liquidation of compensation, because it cannot be carried out in this way”, mainly due to the obligation to pay municipal capital gains.
The point is that when it came to regulating this issue, the Socialist Socialist Party chose wording that reserved the tax benefit for the children of “women who died as a result of violence against women,” so that on paper it excluded Orphan cases resulting from the killing of men at the hands of women. The Vox parliamentary group attempted to rectify this limitation in the parliamentary treatment of the socialist group’s bill in both Congress and the Senate without achieving anything in either case.
complaint in Brussels
Now, it was the National Federation Against Inheritance Tax (Fencis) that decided to take action on this matter and Report to the European Commission What they consider “a serious anomaly in Spanish law, with clear and insidious discrimination against children of fathers murdered by women”.
“After this type of crime, children, minors or not, are left in a particularly vulnerable situation,” Juan Carlos Valverde, the boss of Fencis, explains to ABC. And this situation It is exactly the same regardless of whether the victim is the father or the mother“, Confirms.
The letter to Brussels, asking for protection to protect all those affected equally, indicates that 22 men were killed by women who were their partners or former partners between 2016 and 2018 (there were 151 women in that period) and this is in one essential. An extrapolation of the denounced tax system It would have left about 16 minors without protection.
the Complaint against the Kingdom of Spain Because of this case brought by Fencis, he urges the European Commission to “investigate and clear the corresponding offences” for “violating fundamental rights” to equality and non-discrimination enshrined in the Constitution.
Apart from the complaint sent to the Commission for the violation of constitutional rights and rights recognized in treaties, the Confederation has set itself Contact the European Commissioner for Justice, Didier Reynders, to request protection. The letter to the Commission notes that Reynders stated that “all children in the EU have the right to the same protection and access to basic services, regardless of their origin” and that “nevertheless, one in three children in the EU has experienced some kind of treatment.” Differential.” According to the association, this happens in Spain with tax benefits for orphans due to sexual violence.
“What is being demanded is a fair and rational intervention with minimal economic impact on municipal coffers,” insists Valverde, who underscores the ignorance prevailing in municipalities of this tax advantage that cannot be applied out of sheer ignorance.
The rule provides tax relief for onerous property transfers, legal process documents and municipal capital gains in these cases, but the association is also asking for it to be extended to include inheritance tax to avoid any tax burden for those affected by these types of situations. The Violence Against Women Act discriminates against children of murdered men.