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Generic Tax Name Capital tax - Succession and gift duty
Tax name in the national language Imposta sulle successioni e donazioni
Tax name in English Succession and gift duty
Member State IT-Italy
Tax in force since 1990/10/31
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

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

 

INHERITANCE:

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.

 

GIFTS:

Deeds of gift are taxed according to the same provisions of law applied to inheritance.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

 
Geographical Scope

 
Taxpayers

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.

 
Tax object and basis of assessment

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.

 
Deductions, Allowances, Credits, Exemptions

Deductions:

Debts, liabilities and the cost of medical treatment during the last six months of the deceased person's life are deductible from taxable assets.

 

Exemptions:

  • Certain goods of remarkable artistic, historic or documentary value.
  • Gifts for charities, welfare services, religious bodies, scientific research, public services and educational institutions.
  • Gifts to the State, regions, provinces and municipalities.
  • Government securities guaranteed by the State and the like. (Succession Duty only, since gifts of such securities are no longer exempt.)
  • Compulsory social insurance benefits.
  • Transfers to social‑utility non‑profit organisations (DL No. 460/1997)
  • From inheritance and gift tax for inheritance or voluntary conveyance (including family agreements under art. 768-bis and following of Civil Code) in favour of descendants or spouse, concerning business or parts, shares in companies or partnerships, and stocks (in case of shares in companies, or stocks, the exemption applies only to the portion that guarantees the control on the company).
    In case of inheritance or voluntary conveyance, the exemption is allowed only if the beneficiaries will continue the business or keep the control of the company for at least 5 years, issuing a statement jointly with the declaration for the inheritance or gift.

 

Other exemptions and reductions are provided, for instance by Law 346/1990 (Art. 3, 12, 13, 25, 26).

 
Rate(s) Structure

New tax rates in force from 3/10/2006:

1.Succession duty

  • Spouses and direct descendants or ascendants: 4 %, with the exclusion of 1 million euro for each beneficiary on the net value of the heritage
  • Brothers and sisters: 6%, with the exclusion of 100,000 euro for each beneficiary on the net value of the heritage
  • Relatives within the 4° degree; direct relatives in law; side relatives in law within the 3° degree: 6 %
  • Other parties: 8 %

2.Gift duty

  • Spouses and direct descendants or ascendants: 4 %, with the exclusion of 1 million euro for each beneficiary on the net value of the heritage
  • Brothers and sisters: 6%, with the exclusion of 100,000 euro for each beneficiary on the net value of the heritage
  • Relatives within the 4° degree; direct relatives in law; side relatives in law within the 3° degree: 6%
  • Other parties: 8 %

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.

 
Tax due date

 
Tax collector

The duty is payable directly to the registry offices or to banks by using F23 form.

 
Special features

 
Economic function







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Environmental taxes



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Tax revenue
ESA95 code d91aa

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 592.00 EUR 0.04
2011 510.00 EUR 0.03
2010 485.00 EUR 0.03
2009 462.00 EUR 0.03
2008 387.00 EUR 0.02
2007 149.00 EUR 0.01
2006 47.00 EUR 0.00
2005 61.00 EUR 0.00
2004 145.00 EUR 0.01
2003 341.00 EUR 0.03
2002 695.00 EUR 0.05
2001 961.00 EUR 0.07
2000 1,005.00 EUR 0.08

Comments