Taxes in Europe Database v2
DLgs No 346/1990 (ordinary supplement No. 75 to Official Gazette No. 277 published on 27/11/1990); DL No. 460/1997; Law No 342/2000; Law No 383/2001 (Official Gazette No 248 published on 24 October 2001 and in force since 25/10/2001); DL No 262/2006, Art. 2, paragraphs 47 to 54 (Official Gazette No.230 published on 3/10/2006) as modified by the conversion Law No. 286/2006 (Official Gazette No. 277 published on 28/11/2006); Law No. 296/2006 Art. 1, paragraphs 77 to 79 (Official Gazette No. 299 published on 27/12/2006); Law No. 244/2007 Art. 1, paragraph 31 (Official Gazette No. 300 published on 28/12/2007).
D.Lgs. no 175/2014 (art. 11, comma 1 lett. a) n. 2
After the enforcement of DL 262/2006, as modified by its conversion Law, tax is due on goods being inherited, according to the provisions of DLgs No. 346/1990 as modified as far as rates, exemptions and exclusions are concerned, depending on their value or the family ties between the deceased and the beneficiaries.
Deeds of gift are taxed according to the same provisions of law applied to inheritance.
The heirs jointly, for the entire amount of duty, subject to their right of appeal against co‑heirs and legatees. Legatees pay estate duty on their portions only, donors and donees jointly.
Statement succession is not mandatory if the inheritance is devolved to the spouse and their direct relatives of the deceased and the assets inherited has a value not exceeding € 100,000 and does not include real estate and real property rights.
The total value and the various shares of inheritances and legacies. Money, jewellery and furniture of the order of 10 % of the total net value of the inheritance are deemed to form part of the assets relating to the inheritance. The tax is payable in respect of transferred goods and rights, if the deceased person or the donor are resident in Italy. If on the opening of a succession the deceased person was not resident in Italy, the tax is payable solely in respect of existing goods and rights in Italy.
Debts, liabilities and the cost of medical treatment during the last six months of the deceased person's life are deductible from taxable assets.
Other exemptions and reductions are provided, for instance by Law 346/1990 (Art. 3, 12, 13, 25, 26).
New tax rates in force from 3/10/2006:
If the beneficiary is a person who is “serious” disable according to the law (L. 104/1992 as modified in L. 162/1998), it applies the exclusion of 1,500,000 euro of the value of the share or legacy.
The duty is payable directly to the registry offices or to banks by using F23 form.