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Inheritance tax

International tax law distinguishes between an estate tax and an inheritance tax. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died.[1] However, this distinction is not always observed; for example, the UK's "inheritance tax" is a tax on the assets of the deceased,[2] and strictly speaking is therefore an estate tax.

For historical reasons, the term death duty is still used colloquially (though not legally) in the UK and some Commonwealth countries. For political, statutory and other reasons, the term death tax is sometimes used to refer to estate tax in the United States.[citation needed]

History Edit

There was a steep increase in the number of countries that implemented inheritance taxes throughout the 19th and early 20th century.[3] From 1960 onwards, inheritance taxes declined in prevalence as numerous countries repealed theirs.[3]

Varieties of inheritance and estate taxes Edit

  • Belgium, droits de succession or erfbelasting (Inheritance tax). Collected at the federal level but distributed to the regional level.In the 2018 huge set of reforms, considering inheritance taxes, was accepted on the federal level and thus many changes on the regional level were also made. A family home is since 2018 an exception from a tax in all regions if it is bequeathed to a direct-line family member, spouse, or cohabitant.[4]
  • Bermuda: stamp duty
  • Brazil: Imposto sobre Transmissão "Causa Mortis" e Doação de Quaisquer Bens ou Direitos (Tax on Causa Mortis Transmission and as Donation of any Property and Rights). Collected at the state level. Brazilian States can charge progressive rates for the ITCMD, increasing the rate according to the amount donated or inherited,[5] however, the Brazilian Senate limited the maximum rate to 8%.[6]
  • Colombia: There is no inheritance tax in Colombia, however the inheritance is considered as extraordinary income, therefore it is subject of capital gains tax here.[7]
  • Denmark: Boafgift (estate duty). Collected at state level. Different rates depending on the relation to the deceased. Spouse: 0%. Children: 15%. Other relatives: 15% of the estate sum + additional 25% of the individual sum. The estate duty is calculated on the sum of the estate after deducting a free allowance on the estate (289,000 DKK in 2018).[8]
  • Finland: perintövero (Finnish) or arvsskatt (Swedish) (Inheritance tax) is a state tax. Inheritance to the close family is tax free up to the worth of €20,000, and increasing from there via several steps (for instance, being 13% for €60,000 - €200,000 ) to the maximum of 19% that must be paid for the portion of the inheritance that exceeds one million euros. Taxation is more severe in case of remote relatives or those with no family connection at all (19-33%).[9]
  • France: droits de succession (Inheritance tax). Inheritance to the close family is tax free up to the worth of €100,000, and increasing from there via several steps to the maximum of 45% that must be paid for the portion of the inheritance that exceeds 1.8 million euros. Taxation is more severe in case of remote relatives or those with no family connection at all (55-60%).[10]
  • Germany: Erbschaftsteuer (Inheritance tax). Smaller bequests are exempt, i.e€., 20,000 - €500,000 depending on the family relation between the deceased and the beneficiary. Bequests larger than these values are taxed from 7% to 50%, depending on the family relationship between the deceased and the beneficiary and the size of the taxable amount.[11]
  • Ghana: Inheritance tax on intangible assets
  • Greece: The Inheritance tax in Greece is different for different groups based on the degree of relationship with the deceased. Heirs are divided into 3 groups and within each group there are also separate rates for various values of the inherited property. Category A includes the spouse, children, grandchildren and parents and the rate is between 0 and 10%. For Category B, including great-grandchildren, grandparents and great-grandparents, siblings etc., it is from 0 to 20% and for the rest in the Category C it is from 0 (for very low inheritance) to 40%.[12]
  • Iceland: In Iceland the inheritance tax is 10%. The first ISK 5,757,759 are tax free.[13]
  • Iraq: The taxation of inheritance in Iraq is dependent on the value of the property inherited. There are different 5 tax rates. To the value of IQD 20 million the inheritance is tax free. From IQD 20 million to IQD 30 million the rate is 3%, from IQD 30 million to IQD 60 million it is 4%, from IQD 60 million to IQD 90 million 5% and the highest is for inheritance over IQD 90 million 6%.[14]
  • Ireland: Inheritance tax (Cáin Oidhreachta) A usual tax rate in Ireland is 33% (2022), however there are some exceptions in form of thresholds. The threshold is different for different groups of recipients of inheritance, depending on the relationship to decedent.  In Group A there are children, or grandchildren (in case children are no longer alive) or parents, the threshold for zero tax rate is €335, 000. For Group B, which includes siblings, nieces and nephews and other linear ancestors, the threshold for tax free inheritance is €32,500 and for the last Group C of everyone else it is €16, 250. There are also some other exceptions.[15]
  • Italy: tassa di successione (Inheritance tax). Abolished in 2001[16] and reestablished in 2006. 1,000,000 exemption on a bequest to a spouse or child, and a maximum rate of 8%.[17][18]
  • Japan: souzokuzei 相続税 (Inheritance tax) paid as a national tax (between 10 and 55% after an exemption of ¥30 million + ¥6 million per heir is deducted from the estate)[19] Japan has the highest inheritance tax rate in the world.[20]
  • Korea: sangsoksae (inheritance tax) paid as a national tax (between 10 and 50% taxes on inheritance when deceased, and gift taxes are also taxable on property and/or stock received by heir or child). After Samsung Group titan Lee Kun Hee chairman's death in year 2020, his heirs are facing a $10 billion inheritance tax bill. (50% taxable amount)
  • Latvia: inheritance tax (mantojuma nodoklis) for 2 people if 1) they are not related: 7.5% and additional 7.5% if it is an estate; 2) if they are related and they lived together: 0.25% and additional 0.25% if estate; 3) if they are related and they did not live together: 0.5% and additional 0.5% if estate
  • Luxembourg: There is an inheritance tax levied. The law distinguishes between two types of inheritance collected by two groups on heirs. First is the legal part "collected by the heir according to their capacity". This means what proportion should the heir receive given by the relationship to the decedent. Second is the extra-legal part "collected by the heirs as a result of a will, donation, etc.". This means something more than the legal part, given by some document. Generally, rates for extra-legal part are higher. For both parts rate is 0% between spouses and all rates depend on the relationship to the decedent.[21]
  • Netherlands: Successierecht (Inheritance tax) NB. as per 1 January 2010 Successierecht has been abolished for the erfbelasting regime, and is replaced with Erfbelasting with rates from 10% to 40% for brackets by amounts and separation.[22] Sizeable exemptions are given based on separation. As an example, in 2019, these exemptions roughly equalled EUR 651k for partners, EUR 20k for children, EUR 2k for grandchildren and 40k for parents.[23]
  • Poland: inheritance and gift tax (state tax) applies to the estate[24] and is regulated by the Act on Inheritance and Donation Tax (ustawa o podatku od spadków i darowizn).[25] Tax rates vary from 3% to 20% depending on the value of the inherited estate and relationship with between the deceased and the beneficiary.[26] Close family members can benefit from the inheritance tax exemption provided that the tax office is notified about the inheritance acquisition within a statutory deadline.
  • Slovenia: In Slovenia the tax rate is dependent on the amount of inheritance and also on the connection to the decedent. It ranges from 0 to 40%.[27]
  • Switzerland has no national inheritance tax. Some cantons impose estate taxes or inheritance taxes.
  • Spain: Impuesto sobre Sucesiones (Inheritance Tax). The amendment of Spanish law has been put into practice, in compliance with the European Court ruling of September 3 of last year, and on December 31, 2014, Order HAP/2488/2014, of December 29, was published in the Official State Bulletin, which approves the Inheritance and Gift Tax self-assessment forms 650, 651, and establishes the place, form and term for its submission.[28][29][30]
  • Thailand: In Thailand, the government introduced inheritance tax starting on 1 January 2016. It only applies to estate of more than 100 million baht.[31]
  • Tunisia: In Tunisia there is so called registration fees applied also on inheritance. There are four rates of the fee depending on the kinship with the decedent. The lowest rate is 2,5% of the inherited goods value applying for ancestors and descendants, then 5% rate for siblings, 25% for uncles, aunts, nephews, nieces, and cousins and the highest 35% rate for everyone else, who inherits something.[32]
  • Turkey: Inheritance in Turkey is subject of Inheritance and gift tax with tax rates between 1% and 30%. This tax is payable over a period of three years. This can be done in biannual instalments in May and November.[33]
  • Ukraine: In Ukraine, there is no inheritance tax, but amount inherited is taxed as ordinary income and therefore is subject to personal income tax at 0%, 5% or 18%.[34]
  • United Kingdom: see inheritance tax (United Kingdom) (actually an estate tax)
  • United States: see estate tax in the United States
  • Vietnam: Income from inheritance is taxed as non-employment income in one category with income from gifts and winning prices (casino winning prices excluded) at 10% tax rate.[35]
  • Venezuela: Impuesto sobre Sucesiones y Donaciones [EGT] (The estate and gift tax) The estate and gift tax in Venezuela is imposed on inheritance as well as on gifts and other benefits. The tax rate is dependent on the kinship between the decedent and the one, who receives the inheritance.[36]

Some jurisdictions formerly had estate or inheritance taxes, but have abolished them:

  • Australia abolished the federal estate tax in 1979,[37] and Australian State inheritance taxes (called death duties) were abolished between 1978 and 1982. In 1985, capital gains tax was introduced to tax capital gains on disposal of all assets. But as death is not treated as a disposal, it is only if and when assets are sold after death that capital gains tax is payable. A significant exemption from capital gains tax is the family home, which is exempt from tax if sold within 2 years of death.
  • Austria abolished the Erbschaftssteuer in 2008. This tax had some of the features of the gift tax, which was abolished at the same time[38]
  • Canada: abolished inheritance tax in 1972. However, capital gains are 50% taxable and added to all other income of the deceased on their final return.[39]
  • Czech Republic: daň dědická (Inheritance tax) The inheritance tax in Czech Republic was cancelled in 2013 and is not paid since 1.1.2014. All income from inheritance is now exempt from all taxes (including income tax). Before the reform there was a system of inheritance tax rates depending on the amount inherited and relationship to decedent.[40][41][42][43]
  • Estonia: : There is no inheritance tax, however the income from inheritance is a subject of the personal income tax, which is at rate 20% and there are also some exempts from the taxation.[44][45]
  • Hong Kong: abolished estate duty in 2006 for all deaths occurring on or after 11 February 2006. (See Estate Duty Ordinance Cap.111)
  • India: had an estate tax from 1953 to 1985[46][47]
  • Israel: abolished inheritance tax in 1981, but inherited assets are subject to a 20% to 45% capital gains tax upon their sale[48]
  • Kenya: abolished estate duty tax by virtue of the Estate Duty (Abolition) Act No. 10 of 1982
  • Malaysia: The tax was abolished in 1991 and there are still discussions about reintroducing going on.[49]
  • New Zealand abolished estate duty in 1992
  • Norway: abolished inheritance tax in 2014[50]
  • Russia "abolished" "inheritance tax" in 2006, but have "fee" with rates of 0,3% but no more than 100 000 rubles and 0,6% but no more than 1 000 000 rubles.
  • Singapore: abolished estate tax in 2008, for deaths occurring on or after 15 February 2008.[51]
  • Sweden: a unanimous riksdag abolished the inheritance tax in 2004.[52] A retroactive decision exempted deaths during late December 2004 from inheritance tax, due to the many Swedish casualties in the 2004 Indian Ocean earthquake.[53]
  • Portugal: : The inheritance tax was abolished in 2004, but there is still a fee called stamp duty at a flat rate of 10% that has to be paid. However a spouse, children, grandchildren, parents and grandparents ("legitimate heirs") are exempted from this fee.[54][55]
  • Slovak Republic: Daň z dedičstva (Inheritance tax). An inheritance tax in Slovak Republic was canceled in 2004, but there are still some exceptions when you are obligated to pay some tax.[56]
  • Hungary:[20] Hungary: The tax was abolished for close relatives (children, parents, spouse etc.), but there is still 18% general tax rate and 9% rate applying to residential property.[20][57]
  • Serbia: There are three degrees of succession and for each there is different tax rate. For the first degree (spouse, partner, children, parents) there is 0% tax rate, for the second 1,5% and for the third 2.5%.[58]
  • Bahamas[59]

Some jurisdictions have never levied any form of tax in the event of death:

United Kingdom Edit

Inheritance tax was introduced with effect from 18 March 1986.

History (succession duty) Edit

Succession duty, in the English fiscal system, is "a tax placed on the gratuitous acquisition of property which passes on the death of any person, by means of a transfer from one person (called the predecessor) to another person (called the successor)". In order properly to understand the present state of the English law it is necessary to describe briefly the state of affairs prior to the Finance Act 1894 — an act which effected a considerable change in the duties payable and in the mode of assessment of those duties.

The Succession Duty Act 1853 was the principal act that first imposed a succession duty in England. By that act a duty varying from 1% to 10% according to the degree of consanguinity between the predecessor and successor was imposed upon every succession which was defined as "every past or future disposition of property by reason whereof any person has or shall become beneficially entitled to any property, or the income thereof, upon the death of any person dying after the time appointed for the commencement of this act, either immediately or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation and every devolution by law of any beneficial interest in property, or the income thereof, upon the death of any person dying after the time appointed for the commencement of this act to any other person in possession or expectancy". The property which is liable to pay the duty is in realty or leasehold estate in the UK and personalty—not subject to legacy duty—which the beneficiary claims by virtue of English, Scottish, or Irish law. Personalty in England bequeathed by a person domiciled abroad is not subject to succession duty. Successions of a husband or a wife, successions where the principal value is under £100, and individual successions under £20, are exempt from duty. Leasehold property and personalty directed to be converted into real estate are liable to succession, not to legacy duty.

Special provision is made for the collection of duty in the cases of joint tenants and where the successor is also the predecessor. The duty is a first charge on property, but if the property be parted with before the duty is paid the liability of the successor is transferred to the alienee. It is, therefore, usual in requisitions on title before conveyance, to demand for the protection of the purchaser the production of receipts for succession duty, as such receipts are an effectual protection notwithstanding any suppression or misstatement in the account on the footing of which the duty was assessed or any insufficiency of such assessment. The duty is by this act directed to be assessed as follows: on personal property, if the successor takes a limited estate, the duty is assessed on the principal value of the annuity or yearly income estimated according to the period during which he is entitled to receive the annuity or yearly income, and the duty is payable in four yearly installments free from interest. If the successor takes absolutely he pays in a lump-sum duty on the principal value. On real property the duty is payable in eight half-yearly installments without interest on the capital value of an annuity equal to the annual value of the property. Various minor changes were made. The Customs and Inland Revenue Act 1881 exempted personal estates under £300. The Customs and Inland Revenue Act 1888 charged an additional 12% on successions already paying 1% and an additional 112% on successions paying more than 1%. By the Customs and Inland Revenue Act 1889, an additional duty of 1% called an estate duty was payable on successions over £10,000.

The Finance Acts 1894 and 1909 effected large changes in the duties payable on death. As regards the succession duties they enacted that payment of the estate duties thereby created should include payment of the additional duties mentioned above. Estates under £1,000 (£2,000 in the case of widow or child of deceased) are exempted from payment of any succession duties. The succession duty payable under the Succession Duty Act 1853 was in all cases to be calculated according to the principal value of the property, i.e., its selling value, and though still payable by installments interest at 3% is chargeable. The additional succession duties are still payable in cases where the estate duty is not charged, but such cases are of small importance and in practice are not as a rule charged.[62]

United States Edit

The United States imposed a succession duty by the War Revenue Act of 1898 on all legacies or distributive shares of personal property exceeding $10,000 (worth $308,902 in 2020 dollars[63]). This was a tax on the privilege of succession, and devises and land distributions of land were unaffected. The duty ran from 75 cents on the $100 to $5 on the $100, if the legacy or share in question did not exceed $25,000. On those over that value, the rate was multiplied 11 times on estates up to $100,000, twofold on those from $100,000 to $200,000, 21 times on those from $500,000 to a $1 million, and threefold for those exceeding a million.[citation needed] This statute was upheld as constitutional by the U.S. Supreme Court.

Many of the states also impose succession duties, or transfer taxes; generally, however, on collateral and remote successions; sometimes progressive, according to the amount of the succession. The state duties generally touch real estate successions as well as those to personal property. If a citizen of state A owns registered bonds of a corporation chartered by state B, which he has put for safe keeping in a deposit vault in state C, his estate may thus have to pay four succession taxes, one to state A, to which he belongs and which, by legal fiction, is the seat of all his personal property; one to state B, for permitting the transfer of the bonds to the legatees on the books of the corporation; one to state C, for allowing them to be removed from the deposit vault for that purpose; and one to the United States.[62]

The different U.S. states all have other regulations regarding inheritance tax:

  • Louisiana: abolished inheritance tax in 2008, for deaths occurring on or after 1 July 2004[64]
  • New Hampshire: abolished state inheritance tax in 2003; abolished surcharge on federal estate tax in 2005[65]
  • Utah: abolished inheritance tax in 2005[66]

Some U.S. states impose inheritance or estate taxes (see inheritance tax at the state level):

  • Indiana: abolished the state inheritance on December 31, 2012[67]
  • Iowa: Inheritance is exempt if passed to a surviving spouse, parents, or grandparents, or to children, grandchildren, or other "lineal" descendants. Other recipients are subject to inheritance tax, with rates varying depending on the relationship of the recipient to the deceased.[68]
  • Kentucky: The inheritance tax is a tax on a beneficiary's right to receive property from a decedent's estate. It is imposed as a percentage of the amount transferred to the beneficiary:
    • Transfers to "Class A" relatives (spouses, parents, children, grandchildren, and siblings) are exempt
    • Transfers to "Class B" relatives (nieces, nephews, daughters-in-law, sons-in-law, aunts, uncles, and great-grandchildren) are taxable
    • Transfers to "Class C" recipients (all other persons) are taxable at a higher rate.[69] Kentucky imposes an estate tax in addition to its inheritance tax.[69]
  • Maryland
  • Nebraska
  • New Jersey: New Jersey law puts inheritors into different groups, based on their family relationship to the deceased person:
    • Class A beneficiaries are exempt from the inheritance tax. They includes the deceased person's spouse, domestic partner, or civil union partner parent, grandparent, child (biological, adopted, or mutually acknowledged), stepchild (but not stepgrandchild or great-stepgrandchild), grandchild or other lineal descendant of a child
    • Class B was deleted when New Jersey law changed
    • Class C includes the deceased person's: brother or sister, spouse or civil union partner of the deceased person's child, surviving spouse or civil union partner of the deceased person's child. The first $25,000 inherited by someone in Class C is not taxed. On amounts exceeding $25,000, the tax rates are: 11% on the next $1,075,000, 13% on the next $300,000, 14% on the next $300,000, and 16% for anything over $1,700,000
    • Class D includes everyone else. There is no special exemption amount, and the applicable tax rates are: 15% on the first $700,000, and 16% on anything over $700,000
    • Class E includes the State of New Jersey or any of its political subdivisions for public or charitable purposes, an educational institution, church, hospital, orphan asylum, public library, and other nonprofits. These beneficiaries are exempt from inheritance tax.
  • Oklahoma[citation needed]
  • Pennsylvania: Inheritance tax is a flat tax on the value of the decedent's taxable estate as of the date of death, less allowable funeral and administrative expenses and debts of the decedent. Pennsylvania does not allow the six-month-after-date-of-death alternate valuation method that is available at the federal level. Transfers to spouses are exempt; transfers to grandparents, parents, or lineal descendants are taxed at 4.5%. Transfers to siblings are taxed at 12%. Transfers to any other persons are taxed at 15%. Some assets are exempted, including life insurance proceeds. The inheritance tax is imposed on both residents and nonresidents who owned real estate and tangible personal property in Pennsylvania at the time of their death. The Pennsylvania Inheritance Tax Return (Form Rev-1500) must be filed within nine months of the date of death.[70]
  • Tennessee[71]

Inheritance tax in Spain Edit

Impuesto de sucesiones, in Spain, is the inheritance tax "that you must pay for the transference of goods due to the decease of a person. When a person dies in Spain, the set of goods will pass to their successors (heirs or legatees), and is for this acquisition of goods, rights, and obligations for which this tax must be paid".[72] In Spain, the tax is regulated in Law 29/1987, of December 18, on Inheritance and Donation Tax[73] by Royal Decree 1629/1991, of November 8, which approves the Tax Regulation on Inheritance and Donations.[74]

It is a progressive tax, from 7.65% to 34% not including bonuses or reductions. However, rebates or reductions are common in most of the autonomous communities, with several of them reducing the tax rate to 1%, sometimes even to 0% if the tax base does not exceed a certain minimum. The applicable rate also depends on the proximity of the recipient or heir, being lower the greater its proximity to the deceased or donor (descendants, spouse...). It is usually summarized with the donation tax, as many parents transfer their goods inter vivos to their heirs.

From this tax, the Spanish state gets 2,360,932,000 euros (2019) which is a 17.3% of the total recollected by the autonomous communities.[75]

This tax can be partially deduced according to the blood proximity of the person who will inherit the goods. The amount to deduce vary considerably depending on the autonomous community, and the reduction on the amount to pay has a descendant character, according to the membership group:[76]

  • Group I: Descendants, regardless of whether they are adopted or not, under 21 years.
  • Group II: Descendants and adopted over 21 years and spouses.
  • Group III: Siblings, uncles, and nephews.
  • Group IV: Other people not included in the other groups. Cousins or not directly related people.

History of the tax

There's a consensus that this tax is a direct heir of the vicesimal heredatum, created during the Emperor Augustus age, taxing heirlooms and legacies. In Rome this tax was considered a donation and it depended on if the subject who passes their goods to their heir was alive (inter vivos) or deceased (mortis causa). This tax disappeared during the Middle Ages and was again restored temporally with Charles the IV in 1798, and finally consolidated on 1829 with two rates depending on consanguinity 2% for spouses and 12% for the intestate until IV grade[76]:.

This tax will be oscillating for almost two centuries between 1 and 15% depending on the proximity group until the 11th of June 1964, where acquisitions mortis causa will be drastically increased compared to the previous centuries.

  • On spouses and legitimate descendants (offspring), we will see tax rates between 3% and 21%.
  • On legitimate ascendants (parents) we will see tax rates between 5% and 26%.
  • On descendants and ascendants by affinity from 23% until 55%.
  • On collaterals of second degree (Brothers, grandparents, or grandsons) we see the tax rates ranging between 28% and 58%.
  • For collaterals of third degree (great-grandparents, great-grandchildren, uncles and nephews) the tax will be between 40 and 69%.
  • And the highest rates to non-directly related people will range between 58% and 84%.

It will then be eliminated temporarily in 1977 and restored in 1987 which will prevail until now. Here the reductions that you can make on the payment are specified according to the 4 Groups:[76]

  • Group I: 15,956.87 euros + 3,990.72 euros for each year under 21. This quantity can not exceed the 47,858,59 euros.
  • Group II: 15,956.87
  • Group III: 7,993.46
  • Group IV: There will be no place for reduction.

It is also presented a reduction of 47,858.59 euros for people who present a legal condition of handicapped over 35%. This deduction can increase up to 150,253.03 in handicaps over 65%.

Decentralization on the Spanish autonomous communities

You can calculate the tax you must pay following the state law. However, in Spain the calculus of the amount you pay depends on the specific autonomous community where you have your tax residence. In this scenario you must pay a percentage of the amount you inherit plus a certain quantity according to the total quantity you inherit.

Autonomous Communities Inheritance Tax
Autonomous Community Amount collected with the succession and donation tax in 2019 (in €)[75] Maximum amount to pay (2022)
Andalusia 261,395,000 From 800,000: 26% + 171,620[77]
Aragón 104,468,000 From 797,555: 34% + 199,291[78]
Asturias 68,254,000 From 800,000: 36.50% + 205,920[79]
Balearic Islands 110,570,000 From 800,000: 34% + 199,291[80]
Canary Islands 26,518,000 From 797,555: 34% + 199,291[81]
Cantabria 33,619,000 From 797,555: 34% + 199,291[82]
Castile and León 188,467,000 From 797,555: 34% + 199,291[83]
Castile La-Mancha 70,552,000 From 797,555: 34% + 199,291[84]
Catalonia 559,825,000 From 800,000: 32% + 153,000[85]
Extremadura 28,604,000 From 797,555: 34% + 199,291[86]
Galicia 131,265,000 From 1,600,000: 18% + 198,000[87]
Madrid 455,409,000 From 797,555: 34% + 199,291[88]
Rioja 39,653,000 From 797,555: 34% + 199,291[89]
Valencia 265,669,000 From 797,555: 34% + 199,291[89]

The only Autonomous community excluded are Navarra and the Basque Country because they have their own tax system, and they work independently from the other communities or the central state.

This tax is deducible in many ways related to the consanguinity of the person who inherits, to the handicap level, the number of properties, usage of this properties, possession of enterprises, condition of victim of gender violence or terrorism.[90] There are a lot of causes that can reduce notably your amount to pay. Moreover, this amount and reductions vary enormously according to the Autonomous Community you reside. For example, in Galicia, direct relatives of the deceased person will be exempted to pay the inheritance tax until the amount to inherit doesn't arrive the million euros.[91] While in Asturias if you inherit a 700,000 property, the person will pay around a 20% of the amount depending on the variables.[92]

Other taxation applied to inheritance Edit

In some jurisdictions, when assets are transferred by inheritance, any unrealized increase in asset value is subject to capital gains tax, payable immediately. This is the case in Canada, which has no inheritance tax.

When a jurisdiction has both capital gains tax and inheritance tax, inheritances are generally exempt from capital gains tax.

In some jurisdictions, like Austria, death gives rise to the local equivalent of gift tax. This was the UK model before the Inheritance Tax in 1986 was introduced, when estates were charged to a form of gift tax called Capital Transfer Tax. Where a jurisdiction has both gift tax and inheritance tax, it is usual to exempt inheritances from gift tax. Also, it is common for inheritance taxes to share some features of gift taxes, by taxing some transfers which happen during the lifetime of the giver rather than on death. The UK, for example, subjects "lifetime chargeable transfers" (usually gifts to trusts) to inheritance tax.

Historical Edit

Ancient Rome Edit

No inheritance tax was recorded for the Roman Republic, despite abundant evidence for testamentary law. The vicesima hereditatium ("twentieth of inheritance") was levied by Rome's first emperor, Augustus, in the last decade of his reign.[93] The 5% tax applied only to inheritances received through a will, and close relatives were exempt from paying it, including the deceased's grandparents, parents, children, grandchildren, and siblings.[94] The question of whether a spouse was exempt was complicated—from the late Republic on, husbands and wives kept their own property scrupulously separate, since a Roman woman remained part of her birth family and not under the legal control of her husband.[95] Roman social values on marital devotion probably exempted a spouse.[96] Estates below a certain value were also exempt from the tax, according to one source,[97] but other evidence indicates that this was only the case in the early years of Trajan's reign.[98]

Tax revenues went into a fund to pay military retirement benefits (aerarium militare), along with those from a new sales tax (centesima rerum venalium), a 1% tax on goods sold at auction.[98][99][100] The inheritance tax is extensively documented in sources pertaining to Roman law, inscriptions, and papyri.[98][101] It was one of three major indirect taxes levied on Roman citizens in the provinces of the Empire.[99]

See also Edit

References Edit

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  46. ^ The Estate Duty Act came into effect 15 October 1953. The E.D.(Amendment) Act of 1985 discontinued the estate duty on deaths occurring on or after 16 March 1985.
  47. ^ "Inheritance tax on HNIs likely to be reintroduced". The Economic Times. 5 October 2017.
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  56. ^ "Daň z dedičstva". www.slovensko.sk. Retrieved 28 April 2023.
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  61. ^ Revealed: king of Jordan used Swiss accounts to hoard massive wealth The Guardian. 2022.
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  71. ^ Tenn. Code Ann. 67-8-303
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  83. ^ "Herencias en España: todos los trámites, gestiones y gastos de una herencia, paso a paso". www.aherencias.es.
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  93. ^ Jane Gardner, "Nearest and Dearest: Liability to Inheritance Tax in Roman Families," in Childhood, Class and Kin in the Roman World pp. 205, 213.
  94. ^ Gardner, "Liability to Inheritance Tax," pp. 205, 211.
  95. ^ Gardner, "Liability to Inheritance Tax," p. 214; see further Bruce W. Frier and Thomas A.J. McGinn, A Casebook on Roman Family Law (Oxford University Press, 2004), pp. 19–20, and Beryl Rawson, "The Roman Family in Italy" (Oxford University Press, 1999), p. 15–18.
  96. ^ Gardner, "Liability to Inheritance Tax," p. 214.
  97. ^ Cassius Dio 55.25.5.
  98. ^ a b c Gardner, "Liability to Inheritance Tax," p. 205.
  99. ^ a b Graham Burton, "Government and the Provinces," in The Roman World (Routledge, 1987, 2002), p. 428.
  100. ^ Peter Michael Swan, The Augustan Succession: An Historical Commentary on Cassius Dio's Roman History Books 55–56 (9 B.C–A.D. 14) (Oxford University Press, 2004), p. 178.
  101. ^ CIL 10.482. A 2nd-century AD epitaph for a Roman of equestrian rank, for instance, lists procurator of the 5 percent inheritance tax on his career résumé.

External links Edit

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inheritance, international, distinguishes, between, estate, inheritance, inheritance, paid, person, inherits, money, property, person, died, whereas, estate, levy, estate, money, property, person, died, however, this, distinction, always, observed, example, in. International tax law distinguishes between an estate tax and an inheritance tax An inheritance tax is a tax paid by a person who inherits money or property of a person who has died whereas an estate tax is a levy on the estate money and property of a person who has died 1 However this distinction is not always observed for example the UK s inheritance tax is a tax on the assets of the deceased 2 and strictly speaking is therefore an estate tax For historical reasons the term death duty is still used colloquially though not legally in the UK and some Commonwealth countries For political statutory and other reasons the term death tax is sometimes used to refer to estate tax in the United States citation needed Contents 1 History 2 Varieties of inheritance and estate taxes 3 United Kingdom 3 1 History succession duty 4 United States 5 Inheritance tax in Spain 6 Other taxation applied to inheritance 7 Historical 7 1 Ancient Rome 8 See also 9 References 10 External linksHistory EditThere was a steep increase in the number of countries that implemented inheritance taxes throughout the 19th and early 20th century 3 From 1960 onwards inheritance taxes declined in prevalence as numerous countries repealed theirs 3 Varieties of inheritance and estate taxes EditBelgium droits de succession or erfbelasting Inheritance tax Collected at the federal level but distributed to the regional level In the 2018 huge set of reforms considering inheritance taxes was accepted on the federal level and thus many changes on the regional level were also made A family home is since 2018 an exception from a tax in all regions if it is bequeathed to a direct line family member spouse or cohabitant 4 Bermuda stamp duty Brazil Imposto sobre Transmissao Causa Mortis e Doacao de Quaisquer Bens ou Direitos Tax on Causa Mortis Transmission and as Donation of any Property and Rights Collected at the state level Brazilian States can charge progressive rates for the ITCMD increasing the rate according to the amount donated or inherited 5 however the Brazilian Senate limited the maximum rate to 8 6 Colombia There is no inheritance tax in Colombia however the inheritance is considered as extraordinary income therefore it is subject of capital gains tax here 7 Denmark Boafgift estate duty Collected at state level Different rates depending on the relation to the deceased Spouse 0 Children 15 Other relatives 15 of the estate sum additional 25 of the individual sum The estate duty is calculated on the sum of the estate after deducting a free allowance on the estate 289 000 DKK in 2018 8 Finland perintovero Finnish or arvsskatt Swedish Inheritance tax is a state tax Inheritance to the close family is tax free up to the worth of 20 000 and increasing from there via several steps for instance being 13 for 60 000 200 000 to the maximum of 19 that must be paid for the portion of the inheritance that exceeds one million euros Taxation is more severe in case of remote relatives or those with no family connection at all 19 33 9 France droits de succession Inheritance tax Inheritance to the close family is tax free up to the worth of 100 000 and increasing from there via several steps to the maximum of 45 that must be paid for the portion of the inheritance that exceeds 1 8 million euros Taxation is more severe in case of remote relatives or those with no family connection at all 55 60 10 Germany Erbschaftsteuer Inheritance tax Smaller bequests are exempt i e 20 000 500 000 depending on the family relation between the deceased and the beneficiary Bequests larger than these values are taxed from 7 to 50 depending on the family relationship between the deceased and the beneficiary and the size of the taxable amount 11 Ghana Inheritance tax on intangible assets Greece The Inheritance tax in Greece is different for different groups based on the degree of relationship with the deceased Heirs are divided into 3 groups and within each group there are also separate rates for various values of the inherited property Category A includes the spouse children grandchildren and parents and the rate is between 0 and 10 For Category B including great grandchildren grandparents and great grandparents siblings etc it is from 0 to 20 and for the rest in the Category C it is from 0 for very low inheritance to 40 12 Iceland In Iceland the inheritance tax is 10 The first ISK 5 757 759 are tax free 13 Iraq The taxation of inheritance in Iraq is dependent on the value of the property inherited There are different 5 tax rates To the value of IQD 20 million the inheritance is tax free From IQD 20 million to IQD 30 million the rate is 3 from IQD 30 million to IQD 60 million it is 4 from IQD 60 million to IQD 90 million 5 and the highest is for inheritance over IQD 90 million 6 14 Ireland Inheritance tax Cain Oidhreachta A usual tax rate in Ireland is 33 2022 however there are some exceptions in form of thresholds The threshold is different for different groups of recipients of inheritance depending on the relationship to decedent In Group A there are children or grandchildren in case children are no longer alive or parents the threshold for zero tax rate is 335 000 For Group B which includes siblings nieces and nephews and other linear ancestors the threshold for tax free inheritance is 32 500 and for the last Group C of everyone else it is 16 250 There are also some other exceptions 15 Italy tassa di successione Inheritance tax Abolished in 2001 16 and reestablished in 2006 1 000 000 exemption on a bequest to a spouse or child and a maximum rate of 8 17 18 Japan souzokuzei 相続税 Inheritance tax paid as a national tax between 10 and 55 after an exemption of 30 million 6 million per heir is deducted from the estate 19 Japan has the highest inheritance tax rate in the world 20 Korea sangsoksae inheritance tax paid as a national tax between 10 and 50 taxes on inheritance when deceased and gift taxes are also taxable on property and or stock received by heir or child After Samsung Group titan Lee Kun Hee chairman s death in year 2020 his heirs are facing a 10 billion inheritance tax bill 50 taxable amount Latvia inheritance tax mantojuma nodoklis for 2 people if 1 they are not related 7 5 and additional 7 5 if it is an estate 2 if they are related and they lived together 0 25 and additional 0 25 if estate 3 if they are related and they did not live together 0 5 and additional 0 5 if estate Luxembourg There is an inheritance tax levied The law distinguishes between two types of inheritance collected by two groups on heirs First is the legal part collected by the heir according to their capacity This means what proportion should the heir receive given by the relationship to the decedent Second is the extra legal part collected by the heirs as a result of a will donation etc This means something more than the legal part given by some document Generally rates for extra legal part are higher For both parts rate is 0 between spouses and all rates depend on the relationship to the decedent 21 Netherlands Successierecht Inheritance tax NB as per 1 January 2010 Successierecht has been abolished for the erfbelasting regime and is replaced with Erfbelasting with rates from 10 to 40 for brackets by amounts and separation 22 Sizeable exemptions are given based on separation As an example in 2019 these exemptions roughly equalled EUR 651k for partners EUR 20k for children EUR 2k for grandchildren and 40k for parents 23 Poland inheritance and gift tax state tax applies to the estate 24 and is regulated by the Act on Inheritance and Donation Tax ustawa o podatku od spadkow i darowizn 25 Tax rates vary from 3 to 20 depending on the value of the inherited estate and relationship with between the deceased and the beneficiary 26 Close family members can benefit from the inheritance tax exemption provided that the tax office is notified about the inheritance acquisition within a statutory deadline Slovenia In Slovenia the tax rate is dependent on the amount of inheritance and also on the connection to the decedent It ranges from 0 to 40 27 Switzerland has no national inheritance tax Some cantons impose estate taxes or inheritance taxes Spain Impuesto sobre Sucesiones Inheritance Tax The amendment of Spanish law has been put into practice in compliance with the European Court ruling of September 3 of last year and on December 31 2014 Order HAP 2488 2014 of December 29 was published in the Official State Bulletin which approves the Inheritance and Gift Tax self assessment forms 650 651 and establishes the place form and term for its submission 28 29 30 Thailand In Thailand the government introduced inheritance tax starting on 1 January 2016 It only applies to estate of more than 100 million baht 31 Tunisia In Tunisia there is so called registration fees applied also on inheritance There are four rates of the fee depending on the kinship with the decedent The lowest rate is 2 5 of the inherited goods value applying for ancestors and descendants then 5 rate for siblings 25 for uncles aunts nephews nieces and cousins and the highest 35 rate for everyone else who inherits something 32 Turkey Inheritance in Turkey is subject of Inheritance and gift tax with tax rates between 1 and 30 This tax is payable over a period of three years This can be done in biannual instalments in May and November 33 Ukraine In Ukraine there is no inheritance tax but amount inherited is taxed as ordinary income and therefore is subject to personal income tax at 0 5 or 18 34 United Kingdom see inheritance tax United Kingdom actually an estate tax United States see estate tax in the United States Vietnam Income from inheritance is taxed as non employment income in one category with income from gifts and winning prices casino winning prices excluded at 10 tax rate 35 Venezuela Impuesto sobre Sucesiones y Donaciones EGT The estate and gift tax The estate and gift tax in Venezuela is imposed on inheritance as well as on gifts and other benefits The tax rate is dependent on the kinship between the decedent and the one who receives the inheritance 36 Some jurisdictions formerly had estate or inheritance taxes but have abolished them Australia abolished the federal estate tax in 1979 37 and Australian State inheritance taxes called death duties were abolished between 1978 and 1982 In 1985 capital gains tax was introduced to tax capital gains on disposal of all assets But as death is not treated as a disposal it is only if and when assets are sold after death that capital gains tax is payable A significant exemption from capital gains tax is the family home which is exempt from tax if sold within 2 years of death Austria abolished the Erbschaftssteuer in 2008 This tax had some of the features of the gift tax which was abolished at the same time 38 Canada abolished inheritance tax in 1972 However capital gains are 50 taxable and added to all other income of the deceased on their final return 39 Czech Republic dan dedicka Inheritance tax The inheritance tax in Czech Republic was cancelled in 2013 and is not paid since 1 1 2014 All income from inheritance is now exempt from all taxes including income tax Before the reform there was a system of inheritance tax rates depending on the amount inherited and relationship to decedent 40 41 42 43 Estonia There is no inheritance tax however the income from inheritance is a subject of the personal income tax which is at rate 20 and there are also some exempts from the taxation 44 45 Hong Kong abolished estate duty in 2006 for all deaths occurring on or after 11 February 2006 See Estate Duty Ordinance Cap 111 India had an estate tax from 1953 to 1985 46 47 Israel abolished inheritance tax in 1981 but inherited assets are subject to a 20 to 45 capital gains tax upon their sale 48 Kenya abolished estate duty tax by virtue of the Estate Duty Abolition Act No 10 of 1982 Malaysia The tax was abolished in 1991 and there are still discussions about reintroducing going on 49 New Zealand abolished estate duty in 1992 Norway abolished inheritance tax in 2014 50 Russia abolished inheritance tax in 2006 but have fee with rates of 0 3 but no more than 100 000 rubles and 0 6 but no more than 1 000 000 rubles Singapore abolished estate tax in 2008 for deaths occurring on or after 15 February 2008 51 Sweden a unanimous riksdag abolished the inheritance tax in 2004 52 A retroactive decision exempted deaths during late December 2004 from inheritance tax due to the many Swedish casualties in the 2004 Indian Ocean earthquake 53 Portugal The inheritance tax was abolished in 2004 but there is still a fee called stamp duty at a flat rate of 10 that has to be paid However a spouse children grandchildren parents and grandparents legitimate heirs are exempted from this fee 54 55 Slovak Republic Dan z dedicstva Inheritance tax An inheritance tax in Slovak Republic was canceled in 2004 but there are still some exceptions when you are obligated to pay some tax 56 Hungary 20 Hungary The tax was abolished for close relatives children parents spouse etc but there is still 18 general tax rate and 9 rate applying to residential property 20 57 Serbia There are three degrees of succession and for each there is different tax rate For the first degree spouse partner children parents there is 0 tax rate for the second 1 5 and for the third 2 5 58 Bahamas 59 Some jurisdictions have never levied any form of tax in the event of death Cayman Islands 60 Jersey Jordan 61 GuernseyUnited Kingdom EditMain article Inheritance Tax in the United Kingdom Inheritance tax was introduced with effect from 18 March 1986 History succession duty Edit Succession duty in the English fiscal system is a tax placed on the gratuitous acquisition of property which passes on the death of any person by means of a transfer from one person called the predecessor to another person called the successor In order properly to understand the present state of the English law it is necessary to describe briefly the state of affairs prior to the Finance Act 1894 an act which effected a considerable change in the duties payable and in the mode of assessment of those duties The Succession Duty Act 1853 was the principal act that first imposed a succession duty in England By that act a duty varying from 1 to 10 according to the degree of consanguinity between the predecessor and successor was imposed upon every succession which was defined as every past or future disposition of property by reason whereof any person has or shall become beneficially entitled to any property or the income thereof upon the death of any person dying after the time appointed for the commencement of this act either immediately or after any interval either certainly or contingently and either originally or by way of substitutive limitation and every devolution by law of any beneficial interest in property or the income thereof upon the death of any person dying after the time appointed for the commencement of this act to any other person in possession or expectancy The property which is liable to pay the duty is in realty or leasehold estate in the UK and personalty not subject to legacy duty which the beneficiary claims by virtue of English Scottish or Irish law Personalty in England bequeathed by a person domiciled abroad is not subject to succession duty Successions of a husband or a wife successions where the principal value is under 100 and individual successions under 20 are exempt from duty Leasehold property and personalty directed to be converted into real estate are liable to succession not to legacy duty Special provision is made for the collection of duty in the cases of joint tenants and where the successor is also the predecessor The duty is a first charge on property but if the property be parted with before the duty is paid the liability of the successor is transferred to the alienee It is therefore usual in requisitions on title before conveyance to demand for the protection of the purchaser the production of receipts for succession duty as such receipts are an effectual protection notwithstanding any suppression or misstatement in the account on the footing of which the duty was assessed or any insufficiency of such assessment The duty is by this act directed to be assessed as follows on personal property if the successor takes a limited estate the duty is assessed on the principal value of the annuity or yearly income estimated according to the period during which he is entitled to receive the annuity or yearly income and the duty is payable in four yearly installments free from interest If the successor takes absolutely he pays in a lump sum duty on the principal value On real property the duty is payable in eight half yearly installments without interest on the capital value of an annuity equal to the annual value of the property Various minor changes were made The Customs and Inland Revenue Act 1881 exempted personal estates under 300 The Customs and Inland Revenue Act 1888 charged an additional 1 2 on successions already paying 1 and an additional 11 2 on successions paying more than 1 By the Customs and Inland Revenue Act 1889 an additional duty of 1 called an estate duty was payable on successions over 10 000 The Finance Acts 1894 and 1909 effected large changes in the duties payable on death As regards the succession duties they enacted that payment of the estate duties thereby created should include payment of the additional duties mentioned above Estates under 1 000 2 000 in the case of widow or child of deceased are exempted from payment of any succession duties The succession duty payable under the Succession Duty Act 1853 was in all cases to be calculated according to the principal value of the property i e its selling value and though still payable by installments interest at 3 is chargeable The additional succession duties are still payable in cases where the estate duty is not charged but such cases are of small importance and in practice are not as a rule charged 62 United States EditMain article Estate tax in the United States This article may be confusing or unclear to readers Please help clarify the article There might be a discussion about this on the talk page June 2017 Learn how and when to remove this template message The United States imposed a succession duty by the War Revenue Act of 1898 on all legacies or distributive shares of personal property exceeding 10 000 worth 308 902 in 2020 dollars 63 This was a tax on the privilege of succession and devises and land distributions of land were unaffected The duty ran from 75 cents on the 100 to 5 on the 100 if the legacy or share in question did not exceed 25 000 On those over that value the rate was multiplied 11 times on estates up to 100 000 twofold on those from 100 000 to 200 000 21 times on those from 500 000 to a 1 million and threefold for those exceeding a million citation needed This statute was upheld as constitutional by the U S Supreme Court Many of the states also impose succession duties or transfer taxes generally however on collateral and remote successions sometimes progressive according to the amount of the succession The state duties generally touch real estate successions as well as those to personal property If a citizen of state A owns registered bonds of a corporation chartered by state B which he has put for safe keeping in a deposit vault in state C his estate may thus have to pay four succession taxes one to state A to which he belongs and which by legal fiction is the seat of all his personal property one to state B for permitting the transfer of the bonds to the legatees on the books of the corporation one to state C for allowing them to be removed from the deposit vault for that purpose and one to the United States 62 The different U S states all have other regulations regarding inheritance tax Louisiana abolished inheritance tax in 2008 for deaths occurring on or after 1 July 2004 64 New Hampshire abolished state inheritance tax in 2003 abolished surcharge on federal estate tax in 2005 65 Utah abolished inheritance tax in 2005 66 Some U S states impose inheritance or estate taxes see inheritance tax at the state level Indiana abolished the state inheritance on December 31 2012 67 Iowa Inheritance is exempt if passed to a surviving spouse parents or grandparents or to children grandchildren or other lineal descendants Other recipients are subject to inheritance tax with rates varying depending on the relationship of the recipient to the deceased 68 Kentucky The inheritance tax is a tax on a beneficiary s right to receive property from a decedent s estate It is imposed as a percentage of the amount transferred to the beneficiary Transfers to Class A relatives spouses parents children grandchildren and siblings are exempt Transfers to Class B relatives nieces nephews daughters in law sons in law aunts uncles and great grandchildren are taxable Transfers to Class C recipients all other persons are taxable at a higher rate 69 Kentucky imposes an estate tax in addition to its inheritance tax 69 Maryland Nebraska New Jersey New Jersey law puts inheritors into different groups based on their family relationship to the deceased person Class A beneficiaries are exempt from the inheritance tax They includes the deceased person s spouse domestic partner or civil union partner parent grandparent child biological adopted or mutually acknowledged stepchild but not stepgrandchild or great stepgrandchild grandchild or other lineal descendant of a child Class B was deleted when New Jersey law changed Class C includes the deceased person s brother or sister spouse or civil union partner of the deceased person s child surviving spouse or civil union partner of the deceased person s child The first 25 000 inherited by someone in Class C is not taxed On amounts exceeding 25 000 the tax rates are 11 on the next 1 075 000 13 on the next 300 000 14 on the next 300 000 and 16 for anything over 1 700 000 Class D includes everyone else There is no special exemption amount and the applicable tax rates are 15 on the first 700 000 and 16 on anything over 700 000 Class E includes the State of New Jersey or any of its political subdivisions for public or charitable purposes an educational institution church hospital orphan asylum public library and other nonprofits These beneficiaries are exempt from inheritance tax Oklahoma citation needed Pennsylvania Inheritance tax is a flat tax on the value of the decedent s taxable estate as of the date of death less allowable funeral and administrative expenses and debts of the decedent Pennsylvania does not allow the six month after date of death alternate valuation method that is available at the federal level Transfers to spouses are exempt transfers to grandparents parents or lineal descendants are taxed at 4 5 Transfers to siblings are taxed at 12 Transfers to any other persons are taxed at 15 Some assets are exempted including life insurance proceeds The inheritance tax is imposed on both residents and nonresidents who owned real estate and tangible personal property in Pennsylvania at the time of their death The Pennsylvania Inheritance Tax Return Form Rev 1500 must be filed within nine months of the date of death 70 Tennessee 71 Inheritance tax in Spain EditImpuesto de sucesiones in Spain is the inheritance tax that you must pay for the transference of goods due to the decease of a person When a person dies in Spain the set of goods will pass to their successors heirs or legatees and is for this acquisition of goods rights and obligations for which this tax must be paid 72 In Spain the tax is regulated in Law 29 1987 of December 18 on Inheritance and Donation Tax 73 by Royal Decree 1629 1991 of November 8 which approves the Tax Regulation on Inheritance and Donations 74 It is a progressive tax from 7 65 to 34 not including bonuses or reductions However rebates or reductions are common in most of the autonomous communities with several of them reducing the tax rate to 1 sometimes even to 0 if the tax base does not exceed a certain minimum The applicable rate also depends on the proximity of the recipient or heir being lower the greater its proximity to the deceased or donor descendants spouse It is usually summarized with the donation tax as many parents transfer their goods inter vivos to their heirs From this tax the Spanish state gets 2 360 932 000 euros 2019 which is a 17 3 of the total recollected by the autonomous communities 75 This tax can be partially deduced according to the blood proximity of the person who will inherit the goods The amount to deduce vary considerably depending on the autonomous community and the reduction on the amount to pay has a descendant character according to the membership group 76 Group I Descendants regardless of whether they are adopted or not under 21 years Group II Descendants and adopted over 21 years and spouses Group III Siblings uncles and nephews Group IV Other people not included in the other groups Cousins or not directly related people History of the taxThere s a consensus that this tax is a direct heir of the vicesimal heredatum created during the Emperor Augustus age taxing heirlooms and legacies In Rome this tax was considered a donation and it depended on if the subject who passes their goods to their heir was alive inter vivos or deceased mortis causa This tax disappeared during the Middle Ages and was again restored temporally with Charles the IV in 1798 and finally consolidated on 1829 with two rates depending on consanguinity 2 for spouses and 12 for the intestate until IV grade 76 This tax will be oscillating for almost two centuries between 1 and 15 depending on the proximity group until the 11th of June 1964 where acquisitions mortis causa will be drastically increased compared to the previous centuries On spouses and legitimate descendants offspring we will see tax rates between 3 and 21 On legitimate ascendants parents we will see tax rates between 5 and 26 On descendants and ascendants by affinity from 23 until 55 On collaterals of second degree Brothers grandparents or grandsons we see the tax rates ranging between 28 and 58 For collaterals of third degree great grandparents great grandchildren uncles and nephews the tax will be between 40 and 69 And the highest rates to non directly related people will range between 58 and 84 It will then be eliminated temporarily in 1977 and restored in 1987 which will prevail until now Here the reductions that you can make on the payment are specified according to the 4 Groups 76 Group I 15 956 87 euros 3 990 72 euros for each year under 21 This quantity can not exceed the 47 858 59 euros Group II 15 956 87 Group III 7 993 46 Group IV There will be no place for reduction It is also presented a reduction of 47 858 59 euros for people who present a legal condition of handicapped over 35 This deduction can increase up to 150 253 03 in handicaps over 65 Decentralization on the Spanish autonomous communitiesYou can calculate the tax you must pay following the state law However in Spain the calculus of the amount you pay depends on the specific autonomous community where you have your tax residence In this scenario you must pay a percentage of the amount you inherit plus a certain quantity according to the total quantity you inherit Autonomous Communities Inheritance Tax Autonomous Community Amount collected with the succession and donation tax in 2019 in 75 Maximum amount to pay 2022 Andalusia 261 395 000 From 800 000 26 171 620 77 Aragon 104 468 000 From 797 555 34 199 291 78 Asturias 68 254 000 From 800 000 36 50 205 920 79 Balearic Islands 110 570 000 From 800 000 34 199 291 80 Canary Islands 26 518 000 From 797 555 34 199 291 81 Cantabria 33 619 000 From 797 555 34 199 291 82 Castile and Leon 188 467 000 From 797 555 34 199 291 83 Castile La Mancha 70 552 000 From 797 555 34 199 291 84 Catalonia 559 825 000 From 800 000 32 153 000 85 Extremadura 28 604 000 From 797 555 34 199 291 86 Galicia 131 265 000 From 1 600 000 18 198 000 87 Madrid 455 409 000 From 797 555 34 199 291 88 Rioja 39 653 000 From 797 555 34 199 291 89 Valencia 265 669 000 From 797 555 34 199 291 89 The only Autonomous community excluded are Navarra and the Basque Country because they have their own tax system and they work independently from the other communities or the central state This tax is deducible in many ways related to the consanguinity of the person who inherits to the handicap level the number of properties usage of this properties possession of enterprises condition of victim of gender violence or terrorism 90 There are a lot of causes that can reduce notably your amount to pay Moreover this amount and reductions vary enormously according to the Autonomous Community you reside For example in Galicia direct relatives of the deceased person will be exempted to pay the inheritance tax until the amount to inherit doesn t arrive the million euros 91 While in Asturias if you inherit a 700 000 property the person will pay around a 20 of the amount depending on the variables 92 Other taxation applied to inheritance EditIn some jurisdictions when assets are transferred by inheritance any unrealized increase in asset value is subject to capital gains tax payable immediately This is the case in Canada which has no inheritance tax When a jurisdiction has both capital gains tax and inheritance tax inheritances are generally exempt from capital gains tax In some jurisdictions like Austria death gives rise to the local equivalent of gift tax This was the UK model before the Inheritance Tax in 1986 was introduced when estates were charged to a form of gift tax called Capital Transfer Tax Where a jurisdiction has both gift tax and inheritance tax it is usual to exempt inheritances from gift tax Also it is common for inheritance taxes to share some features of gift taxes by taxing some transfers which happen during the lifetime of the giver rather than on death The UK for example subjects lifetime chargeable transfers usually gifts to trusts to inheritance tax Historical EditAncient Rome Edit See also List of Roman taxes No inheritance tax was recorded for the Roman Republic despite abundant evidence for testamentary law The vicesima hereditatium twentieth of inheritance was levied by Rome s first emperor Augustus in the last decade of his reign 93 The 5 tax applied only to inheritances received through a will and close relatives were exempt from paying it including the deceased s grandparents parents children grandchildren and siblings 94 The question of whether a spouse was exempt was complicated from the late Republic on husbands and wives kept their own property scrupulously separate since a Roman woman remained part of her birth family and not under the legal control of her husband 95 Roman social values on marital devotion probably exempted a spouse 96 Estates below a certain value were also exempt from the tax according to one source 97 but other evidence indicates that this was only the case in the early years of Trajan s reign 98 Tax revenues went into a fund to pay military retirement benefits aerarium militare along with those from a new sales tax centesima rerum venalium a 1 tax on goods sold at auction 98 99 100 The inheritance tax is extensively documented in sources pertaining to Roman law inscriptions and papyri 98 101 It was one of three major indirect taxes levied on Roman citizens in the provinces of the Empire 99 See also EditProperty taxReferences Edit O Sullivan Arthur Sheffrin Steven M 2003 Economics Principles in action Upper Saddle River New Jersey Pearson Prentice Hall p 358 ISBN 0 13 063085 3 How Inheritance Tax works thresholds rules and allowances GOV UK Retrieved 27 July 2023 a b Genschel Philipp Limberg Julian Seelkopf Laura 2023 Revenue Redistribution and the Rise and Fall of Inheritance Taxation Comparative Political Studies doi 10 1177 00104140231194065 ISSN 0010 4140 S2CID 260652793 Belgium Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Inheritance and Donation received from overseas are tax free no ITCMD for now Marello Advogados amp Advogadas Tributarista no Rio de Janeiro e Brasilia 15 March 2021 RESOLUCAO N 9 DE 1992 Archived from the original on 19 October 2014 Retrieved 29 September 2014 Colombia Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Boafgift beregningseksempler in Danish Danish Ministry of Taxation 15 November 2017 Archived from the original on 2 June 2017 Retrieved 30 April 2018 Vero fi Inheritance Finnish Tax Administration Droits de succession ordres des heritiers et bareme des droits de succession Notaires de France in French Retrieved 17 February 2022 German Inheritance Tax www german probate lawyer com 15 April 2023 Greece Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Iceland Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Iraq Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Inheritance tax an Irish guide www raisin ie Raisin Bank Retrieved 28 April 2023 L 383 2001 www camera it The New Inheritance Tax in Italy Archived from the original on 4 July 2008 Retrieved 29 April 2008 DL 262 2006 www parlamento it Japanese Inheritance Tax 28 August 2019 a b c Cole Alan 17 March 2015 Estate and Inheritance Taxes around the World Tax Foundation Retrieved 28 April 2023 How to calculate taxes on an inherited estate guichet public lu 22 October 2019 Retrieved 28 April 2023 Bekijk hier de meest gestelde vragen over testamenten www testamenttest nl Hoeveel vrijstelling heb ik voor de erfbelasting belastingdienst nl in Dutch Retrieved 11 October 2019 Ustawa z dnia 28 lipca 1983 r o podatku od spadkow i darowizn Inheritance SDG Inheritance Tax in Poland 7 January 2022 Inheritance and gift tax rates taxsummaries pwc com Retrieved 28 April 2023 New form for inheritance tax in Spain Grupo Salvador desde 1969 Inheritance Tax Rebate InheritanceTax Archived from the original on 13 February 2015 Retrieved 29 January 2015 Inheritance tax in Spain 14 June 2018 Changes in the Spanish inheritance tax in Spain Inheritance tax in Spain Retrieved 26 March 2020 Thailand Individual Other taxes rd go th Retrieved 28 July 2023 Tunisia Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Turkey Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Ukraine Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Vietnam Individual Taxes on personal income taxsummaries pwc com Retrieved 28 April 2023 Venezuela Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Tax Foundation Archived from the original on 28 August 2009 Retrieved 14 August 2009 Erbschaftssteuer aufgehoben oesterreich ORF at Archived from the original on 1 September 2011 Retrieved 30 April 2009 Canada Inheritance Tax Laws amp Information 30 August 2016 Zrusene dane dedicka a darovaci opravdu se nemusi nic platit Pravni prostor in Czech 3 May 2015 Retrieved 28 April 2023 357 1992 Sb Zakon o dani dedicke dani darovaci a dani z prevodu nemovitosti Act No 357 1992 Coll Act of the Czech National Council on inheritance tax gift tax and real estate transfer tax Zakony pro lidi in Czech Retrieved 28 April 2023 Zakony Financni sprava Ceske republiky in Czech Retrieved 28 April 2023 O dedictvi IV Dedit ci darovat www finance cz Retrieved 28 April 2023 Inheritance tax and inheritance law in Estonia 15 October 2021 Hoon Iven De 10 jurisdictions with no inheritance tax No More Tax Retrieved 28 April 2023 The Estate Duty Act came into effect 15 October 1953 The E D Amendment Act of 1985 discontinued the estate duty on deaths occurring on or after 16 March 1985 Inheritance tax on HNIs likely to be reintroduced The Economic Times 5 October 2017 Your Taxes Will the Tax Authority receive your inheritance The Jerusalem Post A Simple Guide To Inheriting Property In Malaysia 19 April 2019 Skatteetaten Arveavgift Archived from the original on 17 February 2014 Retrieved 14 February 2014 IRAS Estate Duty www iras gov sg Retrieved 13 August 2020 Inheritance tax does not reduce inequality The Guardian August 31 2006 Marcus Eliason Henry Ohlsson 26 March 2010 Timing of death and the repeal of the Swedish inheritance tax PDF Working Paper Vol 2010 no 5 ISSN 1653 6975 Cardoso Sofia 17 June 2022 Inheritance Tax In Portugal What you need to know Portugal Simple Life Retrieved 28 April 2023 Will you have to pay inheritance tax in Portugal Portugal Property Guides 26 July 2017 Retrieved 28 April 2023 Dan z dedicstva www slovensko sk Retrieved 28 April 2023 Hungary Individual Other taxes taxsummaries pwc com Retrieved 28 April 2023 Tax and Investment Facts A Glimpse at Taxation and Investment in Serbia PDF 2022 Woolsey Matt Eaves Elisabeth Tax Havens Of The World Forbes Taxes Archived from the original on 21 July 2015 Retrieved 10 February 2013 Revealed king of Jordan used Swiss accounts to hoard massive wealth The Guardian 2022 a b Chisholm Hugh ed 1911 Succession Duty Encyclopaedia Britannica 11th ed Cambridge University Press 10 000 in 1898 2020 Inflation Calculator www in2013dollars com Retrieved 13 August 2020 Individuals Louisiana Department of Revenue rev louisiana gov Julie Garber Estate Taxes by State Does New Hampshire Have an Estate Tax About com Money USTC USTC Archived from the original on 14 May 2011 Retrieved 5 January 2014 DOR Inheritance Tax Information 22 December 2014 Iowa Department of Revenue Iowa Taxes 8 July 2010 a b A Guide to Kentucky Inheritance and Estate Taxes General Information PDF Kentucky Revenue Cabinet March 2003 Archived from the original PDF on 11 June 2009 Retrieved 29 May 2009 Inheritance Ta Government of Pennsylvania Tenn Code Ann 67 8 303 Impuesto de Sucesiones Comunidad de Madrid in Spanish 9 October 2017 Retrieved 30 March 2022 BOE es BOE A 1987 28141 Ley 29 1987 de 18 de diciembre del Impuesto sobre Sucesiones y Donaciones www boe es in Spanish 9 October 2017 Retrieved 30 March 2022 BOE es BOE A 1991 27678 Real Decreto 1629 1991 de 8 de noviembre por el que se aprueba el Reglamento del Impuesto sobre Sucesiones y Donaciones www boe es Retrieved 30 March 2022 a b RECAUDACIoN LIQUIDA OBTENIDA Y APLICADA POR TRIBUTOS CEDIDOS GESTIONADO POR LAS COMUNIDADES AUToNOMAS DE REGIMEN COMUN Y RECAUDACIoN LIQUIDA OBTENIDA Y APLICADA POR TRIBUTOS CONCERTADOS CONVENIDOS Y PROPIOS DE LAS COMUNIDADES FORALES LIQUID REVENUE OBTAINED AND APPLIED FOR ASSIGNED TAXES MANAGED BY THE COMMUNITIES COMMON REGIME SELF EMPLOYED AND LIQUID REVENUE OBTAINED AND APPLIED FOR AGREED AGREED AND OWN TAXES OF THE REGIONAL COMMUNITIES PDF in Spanish Retrieved 31 March 2022 a b c Martin Moreno Jose Luis PASADO PRESENTE Y FUTURO DEL IMPUESTO SOBRE SUCESIONES Y DONACIONES Editorial Tirant Lo Blanch Retrieved 31 March 2022 Impuesto sobre Sucesiones y Donaciones Junta de Andalucia www juntadeandalucia es Impuesto sobre sucesiones y donaciones en Aragon Asturias Servicios Tributarios del Principado Impuesto sobre Sucesiones y Donaciones SEDE ELECTRoNICA STPA sede tributasenasturias es in Spanish Agencia Tributaria de les Illes Balears A T I B 692 www atib es Impuesto sucesiones canarias tabla Actualizado marzo 2022 skygrancanaria in Spanish 29 August 2021 Impuesto sobre Sucesiones y Donaciones ISD Sucesiones Cantabria Ineaf Business School in Spanish Herencias en Espana todos los tramites gestiones y gastos de una herencia paso a paso www aherencias es Impuesto sobre Sucesiones y Donaciones en Castilla La Mancha 2021 Asepyme Abogados y asesores financieros in Spanish 1 October 2021 Tarifa y coeficientes multiplicadores Agencia Tributaria de Cataluna atc gencat cat in European Spanish Portal Tributario Junta de Extremadura portaltributario juntaex es Impuesto sobre Sucesiones y Donaciones Galicia ISD Inheritance and Donations Tax Galicia ISD in Spanish Impuesto sobre Sucesiones y Donaciones Madrid ISD Inheritance and Donations Tax Madrid ISD in Spanish a b Sucesiones o herencias Normas fiscales Sucesion Ciudadania y vida familiar Ciudadanos Tus derechos y obligaciones en la UE Tu espacio europeo Punto de Acceso General Successions or inheritances Tax regulations Succession Citizenship and family life Citizens Your rights and obligations in the EU Your European area General Access Point administracion gob es in Spanish Junta de Castilla y Leon Impuesto sobre sucesiones y donaciones tributos jcyl es in Spanish Rebaja del impuesto de sucesiones Axencia Tributaria de Galicia www atriga gal in European Spanish Herencias en Espana herencia www herenciaenespana info in European Spanish Jane Gardner Nearest and Dearest Liability to Inheritance Tax in Roman Families in Childhood Class and Kin in the Roman World pp 205 213 Gardner Liability to Inheritance Tax pp 205 211 Gardner Liability to Inheritance Tax p 214 see further Bruce W Frier and Thomas A J McGinn A Casebook on Roman Family Law Oxford University Press 2004 pp 19 20 and Beryl Rawson The Roman Family in Italy Oxford University Press 1999 p 15 18 Gardner Liability to Inheritance Tax p 214 Cassius Dio 55 25 5 a b c Gardner Liability to Inheritance Tax p 205 a b Graham Burton Government and the Provinces in The Roman World Routledge 1987 2002 p 428 Peter Michael Swan The Augustan Succession An Historical Commentary on Cassius Dio s Roman History Books 55 56 9 B C A D 14 Oxford University Press 2004 p 178 CIL 10 482 A 2nd century AD epitaph for a Roman of equestrian rank for instance lists procurator of the 5 percent inheritance tax on his career resume External links Edit nbsp Quotations related to Inheritance tax at Wikiquote Tax inheritance iran permanent dead link nbsp This page is a modified disambiguation page which distinguishes not just between pages which would otherwise have the same name but also between similar legal concepts which have different names in different jurisdictions Retrieved from https en wikipedia org w index php title Inheritance tax amp oldid 1173938123, wikipedia, wiki, book, books, library,

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