1. BELGIUM: Droits de succession or successierechten
(Inheritance tax). Collected at the federal level, but distributed to the
regional level.
INHERITANCE TAX: BRUSSELS REGION
If the deceased was
resident in the Brussels region, the spouse, direct descendants and direct
ascendants are entitled to a tax-free allowance of €15,000 each. For children
below 21 years of age, the allowance is increased by €2,500 for each year below
the age of 21. For other beneficiaries, inheritances not exceeding €1,250 are not
taxable.
TAX BASE (€) |
Tax
Rate |
|
|
Up to
€50,000 |
3% |
€50,000 -
€100,000 |
8% |
€100,000 -
€175,000 |
9% |
€175,000 -
€250,000 |
18% |
€250,000 -
€500,000 |
24% |
Over
€500,000 |
30% |
The rates for brothers and sisters vary between 20% and 65%,
where the minimum rate applies to inheritances up to €12,500 and the maximum
rate applies to inheritances exceeding €250,000.
The inheritance rates vary between 25% and 70% for uncles,
aunts, cousins, nieces and nephews. For all other individuals, the tax is
levied between 40% and 80%. The minimum rate applies to inheritances up to
€50,000 and the maximum rate applies to inheritances exceeding €175,000.
INHERITANCE TAX: FLEMISH REGION
The inheritance is split into immovable and movable parts,
which are then taxed at progressive rates. A maximum reduction of €500 is
granted if the taxable share does not exceed €50,000.
TAX BASE (€) |
TAX
RATE |
|
|
Up to
€50,000 |
3% |
€50,000 -
€250,000 |
9% |
Over
€500,000 |
27% |
The rates for brothers and sisters vary between 30% and 65%.
For all other individuals, the tax is levied between 45% and 65%. In all these
cases, the minimum rate applies to inheritances up to €75,000 and the maximum
rate applies to inheritances exceeding €175,000.
INHERITANCE TAX: WALLOON REGION
If the deceased was resident in the Walloon region, the spouse, direct
descendants and direct ascendants are entitled to a tax-free allowance
of €12,500 each. The allowance is increased to €25,000, if the
inheritance does not exceed €125,000. For children below 21 years of
age, the allowance is increased by €2,500 for each year below the age
of 21. For other beneficiaries, inheritances not exceeding €620 are
tax-exempt.
The rates for brothers and sisters vary between 20% and 65%. The rates
vary between 25% and 70% for uncles, aunts, cousins, nieces and
nephews. For all other individuals, the tax is levied between 30% and
80%. In all these cases, the minimum rate applies to inheritances up to
€12,500 and the maximum rate applies to inheritances exceeding
€175,000.
2. CZECH REPUBLIC:
Dan dědická (Inheritance tax)
For purpose of calculation of the inheritance tax, persons
are divided into three categories depending on relationship of the decedent and
the acquirer. The categories / relationships are as follows:
Category I: Direct relatives (in the direct line) and
spouses.
Category II: (i) Other relatives (in the collateral line),
namely siblings, nephews, nieces, uncles and aunts, (ii) children’s spouses
(sons-in-law and daughters-in-law), husband’s children, husband’s parents, and
(iii) individuals living with the acquirer in a common household for at least a
year prior to the decedent’s death, and who for that reason took care of the
common household or who were dependent on the acquirer or decedent for their
support (maintenance).
Category III: Other individuals and legal entities not
falling into the Category I and/or Category II.
No inheritance tax is payable by Category I and Category II
beneficiaries; otherwise, inheritance tax is levied at the gift tax
rates, multiplied by a coefficient of 50%.
Subject to certain exemptions, inheritance tax is chargeable on the
net value of all assets, except real estate abroad (if the deceased was
a Czech citizen with permanent residence in the Czech Republic).
Otherwise, inheritance tax is chargeable only on assets located in the
Czech Republic.
In the case of most tax exemptions, the obligation to file
the inheritance tax return does not arise; however, certain tax exemptions must
be claimed within the inheritance tax return.
3. FINLAND:
Perintövero (Inheritance Tax)
Beneficiaries are divided into two categories, depending on
their relationship with the deceased.
Category I – close
relative of the deceased/donor such as the spouse (including a cohabiting
partner if the partners have a common child or if they have previously been married
to each other), any lineal descendant or ascendant (including adoptive child
relation) of the decedent and any lineal descendant of the decedent´s spouse
Category II – all
other beneficiaries
The spouse may deduct €60,000 from his inheritance as
personal allowance. Any lineal descendant under 18 years of age may deduct
€40,000 if he is the closest beneficiary of the deceased.
TAX BASE(€)………………......CLASS I…………..……….....CLASS II
Up to €20,400……………………...0%…………………......….........0%.....
€20,000–€40,000............................10%.............................................20%.....
€40,000–€60,000............................13%.............................................26%.....
Over
€60,000..................................16%.............................................32%.....
4. SWEDEN: Arvskatt (Inheritance tax) was ABOLISHED IN 2005.
5. FRANCE: Droits de succession (Inheritance tax)
There is (since 22 August 2007) no succession tax on inheritances
between spouses and PACS partners, but tax is still due on life-time
gifts over the available allowance (see below). This inheritance tax
exemption extends to sisters and brothers who are single, widowed or
divorced providing that at the time of succession they are aged more
than 50 or are suffering from an illness which prevents them from
working, and they were living with the deceased during the five years
preceding the death.
Succession tax rates for 2010
Taxable inheritance to spouses and PACS partners (gifts only):
.........A...............................B..........................C..........................D…..
Less than €7,953……......….......5%………………….....398............................398.....
€7,953 to €15,697...................10%............................774..........................1,172....
€15,697 to €31,395.................15%..........................2,345........................3,527....
€31,395 to €544,173..............20%.....................102,556.....................106,083...
€544,173 to €889,514............30%.....................103,602....................209,685...
€889,514 to €1,779,029.........35%.....................311,330.....................521,015...
Over €1,779,029.....................40%..........................................................................
Key:
A: Taxable Inheritance
B: To Spouses & PACS partners (gifts only)
C: Tax on Band (€)
D. Cumulative Tax (€)
Taxable inheritance in the direct line, including adopted children, but not step-children unless adopted:
.........A...............................B..........................C..........................D…..
Less than €7,953……......….......5%………………….....398............................398.....
€7,953 to €11,930...................10%...........................398............................796.....
€11,830 to €15,697.................15%...........................565...........................1,361....
€15,697 to €31,395.................20%.....................105,695.................... 107,056...
€31,395 to €544,173 ..............20%.....................102,556.....................106,083...
€544,173 to €889,514............30%.....................103,602.....................210,658...
€889,514 to €1,779,029.........35%......................311,330.....................531,998...
Over €1,779,029.....................40%...........................................................................
Key:
A: Taxable Inheritance
B: In The Direct Line
C: Tax on Band (€)
D. Cumulative Tax (€)
Taxable inheritance: siblings and other relatives and non-relatives:
.........A...............................B..........................C..........................D…..
Less than €24,069……......…....35%…………………....55%...........................60%...
Above €24,069......……......…....35%…………………....55%...........................60%...
Key:
A: Taxable Inheritance
B: Brothers & Sisters
C: Other Relatives to the 4th Degree
D. More Remote and Non-Relatives
Allowances For 2010:
1. Spouses - gifts (inheritances exempt): €79,533
2. Partners under PACS - gifts (in heritances exempt): €79,533
3. To each natural or adopted child from each parent: €156,974
4. To each natural or adoptive parent: €156,974
5. To children on your divorce (up to age 18): €2,700 pa, per child
6. To a grandchild (gifts only): €31,395
7. To a great-grandchild (gifts only): €5,232
8. Cash gifts to a child, grandchild or possibly nephew/niece
.............A. Subject to donor's/donee's ages
.............B. Non-renewable: €31,395
9. To unmarried brother/sister
.............
over 50 or invalid
............. who has lived with deceased for at least the last five years (gift only): €79,533
10. To a sibling not covered above €15,697
11. To a nephew/niece (gifts and inheritances) €7,849
12. To a nephew/niece by representation of a sibling €15,697
13. To any other person €1,570
14. To any disabled person - additional to above €156,974
The living representatives of a deceased descendant share that
descendant's allowance between them in addition to their own
allowances.
Unmarried couples are taxable as "strangers" and so have an allowance of only a €1,570 unless they have entered into a
PACS agreement,
the French version of a civil partnership, open to both same and
opposite couples in France. If a PACS agreement is broken before the
end of the year following the year it was entered into, for motives
other than marriage of the couple or death of one of the partners, the
allowance will be denied and the tax relief clawed back. PACS partners
are entitled to a deduction of 30% from the value of the main
residence in the same way as a married couple is.
The allowances (with the exception of the one-off cash gift
allowance) all renew every six years for lifetime gifts. Gifts up to
the available allowances can thus be made every six years tax-free.
6. GERMANY: Erbschaftssteuer (Inheritance tax)
Inheritance tax is levied on transfers of property or assets after
death. This duty is paid by the beneficiary. Applicable inheritance tax
rates vary depending on the relationship of the beneficiary to the
deceased. There are three relevant classes of relationship and
exemptions applicable:
Transfers of property are subject to inheritance tax at graduated
rates depending on the value of the property and the classes of family
relationship.
CLASS I..........................EXEMPTION AMOUNT..............TAX RATE
Spouse.................................................€ 500,000.................................7%-30%...
Children/Step-Children...................€ 400,000.....................................7%-30%...
Grandchildren...................................€ 200,000......................................7%-30%...
Grandchildren...................................€ 200,000......................................7%-30%...
Parents/Grandparents
Great-grandchildren........................€ 100,000.......................................7%-30%...
CLASS II.................EXEMPTION AMOUNT......................TAX RATE
Siblings & their children,
Step-parents,
Brothers-in-law,
Sisters-in-law,
Divorced spouse...........................€ 20,000............................................15%-43%...
CLASS III................EXEMPTION AMOUNT......................TAX RATE
All other individuals...................€ 20,000............................................30%-50%...
The lower rates for each category apply to properties or assets up
to a value of €75,000 while the higher rates apply to acquisitions
exceeding €26 million.
7. IRELAND: Cáin Oidhreachta (Inheritance Tax)
For a surviving spouse OR surviving civil partners taking an
inheritance from a deceased spouse or civil partner, the inheritance
is completely exempt and, no matter how valuable, will not be liable to inheritance
tax.
For
a child (and in some cases, a parent), called a "Group A" beneficiary,
the first €332,084 is tax-free. Any remainder is taxed at 25%.
For
a parent, in most cases, brother, sister, niece, nephew or grandchild,
called a "Group B" beneficiary, the first €33,208 is tax-free and the
remainder is taxed at 25%.
For
a heir other than a a Group A or Group B beneficiary, the first €16,604
is tax-free. The remainder of the inheritance, if any, is taxed at
25%.
8. ITALY: Tassa di successione (Inheritance tax). Abolished in 2001 and reestablished in 2006. There is a €1,000,000 exemption on a bequest to a spouse or child, and a maximum rate of 8%.
The new Italian inheritance tax is now levied at three different flat
rates, on the whole or part of the estate, with reference to the
legatees or devisees as follows:
At the rate of 4% where the Estate or part of the Estate devolves to
the decedent's spouse or children, subject to an €1,000,000 exemption for EACH beneficiary. In the case of a widow and three children, the so-called "Franchigia"
would be worth $5,538,401 and, if a family business is involved - say
something along the lines of a Gucci or an Agnelli - it could be worth
hundred of millions or even billions of euros.
Where the Estate or part of the Estate devolves to one or more disabled
children, the exempt amount is increased to €1,500,000.
Subject to an exempt amount of €100,000 each, inheritances are taxed at 6% where they devolve to brothers, sisters and
to
other relatives of the decedent up to the 4th degree. After the 4th
degree, beneficiaries are still taxed at 4%, but there is no
"exempt amount."
Where the estate, in whole or in part, devolves to unrelated parties, inheritances are taxed at 8%.
In practice, this means that the small /
medium estates in Italy are not subject to inheritance taxes and even
very large estates can escape massive tax bills if a great bulk of the
estate is invested in a business or substantial shareholding in a
company, whatever its amount. Finanziaria 2007 now states that
where the estate
includes a business or a substantial stake in an ongoing concern,
whatever its value, said assets shall not be taxed; provided, they are
passed onto the children
of the decedent and the said children undertake to continue to carry
on
the business or control the company for at least 5 years.
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