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Inherited house sales taxes: what are they and how to behave?

Let's find out what are the taxes to pay for an inherited property and what are the steps to follow to sell the property


Compared to a normal real estate sale, the sale of an inherited house requires some specific requirements and the presentation of additional documentation. The main reason is related to the fact that the heir needs to prove that he is the new legitimate owner of the property, not only to the potential buyer, but also in the eyes of the law.


For this reason, instead of the usual deed, the law requires you to submit a declaration of succession. But this is not the only difference from a common sales negotiation.


Here are the sales taxes on an inherited house and how to pay them, with the advice of the experts of the Engel & Völkers Lago Maggiore.


DECLARATION OF SUCCESSION AND TAXES


To ensure that the sale of an inherited property is valid and there is the legal transfer of its ownership, as mentioned, it is mandatory to present the declaration of succession, certifying the transfer of ownership of a property, within 12 months of the opening of the succession itself.


Until that moment, in fact, the heir cannot legitimately dispose of the property and, therefore, cannot proceed to resell it. Since 2017, the cadastral transfer application can be submitted directly online from the Revenue Agency website or through a real estate agency acting as an intermediary.


In addition, the heir and legatee are also required to pay the taxes that affect the property. In particular, he is required to pay inheritance tax, which is the main tax on the sale of an inherited house. According to our legal system, those who "inherit real estate and real estate rights are obliged to submit the declaration of succession and pay, if due, the inheritance tax."
 Laveno M.
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WHO HAS TO DO THE DECLARATION OF SUCCESSION?


According to art. 28, paragraph 2, of TUS, the subjects obliged to submit the declaration of succession are:


  • heirs and legatees, even in the case of opening the succession due to the declaration of presumed death, or their legal representatives;
  • those placed in the temporary possession of the absentee's assets;
  • the administrators of the inheritance and the trustees of existing inheritances;
  • the executors of the wills.


Conversely, those who renounced the inheritance before the expiry of the deadline for submitting the declaration of succession are exempt from the obligation to submit the declaration of succession.


HOW IS THE SUCCESSION TAX CALCULATED?


The legislation for calculating the inheritance tax provided for in Article 2, paragraph 48, of the Legislative Decree n. 262 of 2006 provides for specific rates and deductibles. In detail, there is a rate:


  • 4%, for transfers in favor of a spouse or relatives in a straight line to be applied on the total net value, exceeding for each beneficiary, the amount of 1 million euro;
  • 6%, for transfers in favor of brothers or sisters to be applied on the total net value, exceeding for each beneficiary, 100,000 euros;
  • 6%, for transfers in favor of other relatives up to the fourth degree, of the collateral relatives up to the third degree, to be applied on the total net value transferred, without applying any deductible;
  • 8%, for transfers in favor of all other subjects to be applied on the total net value transferred, without applying any deductible.


Law no. 104 of 1992, finally, provides for an additional deductible, equal to 1.5 million euros, for transfers made in favor of people with disabilities.


SUCCESSION TAX PAYMENT


The payment of inherited house sales taxes must be made within 60 days from the date on which the notification of the settlement of inheritance tax by the Inland Revenue took place. After 60 days, penalties and interest on arrears are envisaged for late payment.


For amounts over 1000 euros, the payment can also be made in installments, provided that at least 20% is paid within 60 days. The remainder can be paid in eight quarterly installments (twelve, for amounts exceeding 20 thousand euros), on which the interest calculated from the first day following the payment of the first installment is due.


OTHER TAXES ON THE SALE OF INHERITED PROPERTIES


Inheritance tax, however, is not the only one to pay. Other taxes for the sale of an inherited home include:

  • cadastral tax, due to carry out the cadastral transfer;
  • mortgage tax, provided for all formalities of transcription, enrollment, renewals, cancellations and annotations in public real estate registers;
  • stamp duty
  • expenses and ancillary charges, such as, for example, secretarial expenses.


These taxes must be paid every time a property is inherited, even before submitting the inheritance declaration. The payment of the sums due must be made by debiting the current account.


Contact your Engel & Völkers agency for advice.

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