Taxes on inheritance and donations in Italy
The transfer of property and rights caused by death occurred after 3rd October 2006 is subject to inheritance and endowments tax.
Who has to pay and how much has to be paid
The heirs and legatees who benefit from the following property and rights shall pay this tax:
- real estate and rights from real estate. The evaluation of the property is done by multiplying the cadastral revenue by the relevant updated coefficients;
- shares in the capital of a company (the value is given by the net equity);
- bonds (excluding government bonds);
- companies (the value is given by the net equity without evaluating immovable goods and good will);
- credits and money;
- movable goods (jewels, furniture).
The taxable base is made up of the total net value of the hereditable assets, that is to say of the value of the property and the rights object of the inheritance, net of liabilities and deductible expenses (debts of the deceased, medical expenses and funeral expenses).
The inheritance tax is determined by the office which applies different rates according to the degree of kinship of the heir.
The transfer of companies and company shares are not subject to tax if the heirs work in the company or hold control of the company for a period not less than 5 years from the date of the transfer and if they provide the correct declaration in the declaration of inheritance.
The declaration must be submitted within one year of the date of the start of the inheritance, which usually coincides with the date of the death of the taxpayer.
The form must be filled in: it can be obtained from any local Inland Revenue office or it can be downloaded from the Inland Revenue website (www.agenziaentrate.gov.it) and subsequently submitted at the local Inland Revenue office where the deceased had his/her last residence. If any other form is used, the declaration is null and void.
Those who are obliged to submit the declaration
The following persons are obliged to submit the declaration of inheritance:
- the heirs and legatees, or their legal representatives;
- those in possession of the property, in the case of absence or declaration of presumed death;
- the administrators of the inheritance;
- the trustees of the vacant succession;
- the executors of the will;
- the trustees.
If more than one person is obliged to submit the declaration it is sufficient that it is submitted by just one of these persons.
The heirs and the legatees who have submitted the declaration of inheritance are exonerated from the payment of ICI.
The Inland Revenue office receiving the declaration of inheritance shall pass a copy of it on to each municipality where the properties are located.
Taxes concerning endowments and voluntary transfer deeds and rights have also changed due to the effect of the measures cited, which have substantially eliminated taxation on such transfers by applying the register tax.