From this death and before six months, each of the heirs, is required to submit to the regional Treasury, the so-called Inheritance Tax sine qua nom to own the right or transmitted.
The payment of these taxes is carried out in the Autonomous Community where the deceased was habitually resident. However, there are certain tax burdens vary from one community to another, as happens with the inter vivos, so it is particularly important figure of a specialist advisor.
Do not forget that it is very difficult to generalize criteria in this tax, since state powers are transferred to the different autonomous communities, who have particularly regulated conditions and therefore must be what they determine.
The distribution of inherited property, not always carried out peacefully, especially when dealing with the liquidation of the Inheritance Tax, so that the work of mediation and legal knowledge of the specialist firm's lawyers is essential Bufete Halcon, for a good development in the settlement.
Inheritance Tax must be settled in all cases. It is settled on a prior expert valuation of the transmitted well.
It must always be paid, even in those cases where there is no will, when the original documentation of a property, a right over an object has disappeared, or where the rights of an insurance policy unintelligible, or even there is no list goods or before death that constitutes the content of tax equity.
Lately property registrars have adopted the rule that to register any property transmission when said transmission origin of this based on a succession.
It is a matter previously required to support a registration process, having submitted the statement and / or payment of the tax. Failure to do so means automatic return of the document unregistered. Hence the importance acquired liquidation.
Also to be considered and occurs with some frequency, the heirs of a deceased person, do not have resources to pay the inheritance tax. In these cases the lack of liquid resources does not justify the failure to file the tax return but quite the opposite; it is preferable to request a deferment, do not stop.
There is a widespread popular belief on the figure to reach or win the prescription of the Inheritance Tax, for which elapse leave within four years from the death, to help reach this requirement.
From our point of view is negative this position for two reasons:
a) because today in most of the regions are favorable to the total or partial exemption from this tax legislation.
b) And the second is that if we do not meet the deadlines for the accrual, most likely with controls that today has the Administration is detected that have not submitted the settlement and we punish by not having done on time and also apply surcharges and interest for our omission.
In these and other situations of varied nature, and to achieve solutions and to realize our position before the tax assessment, the Bufete Halcon office Cano and Luickhardt puts customer service, after long years of practice and professionalism, long experience and tax knowledge about the settlement.
Inheritance Tax is based on the criterion of mortis causa of assets of the deceased or deceased and constitute legal acts, whose taxable event is founded precisely in succession.
In this tax the tax base is constituted by the net value of individual purchase of each heir, that is, the real value of the assets and rights, less charges and deductible expenses.
This is what constitutes the tax base. The tax is a personal tax, subjective, direct and progressive, which is to tax capital gains inter vivos, obtained by non-onerous by way physical persons, by cause of death.
Law 29/1987, of 18 December, the inheritance tax, provides the basic guidelines for determining the same, although the settlement and the percentage to be applied in each autonomous territory, it is subject to the regional legislation each case.
The facts that are taxed:
a) The acquisition of goods and rights by inheritance, legacy or any other form of succession.
b) The perception of amounts by the beneficiaries of contracts of life insurance, where the contractor is someone other than the recipient.
The settlement is subject to the rules of each Autonomous Community, since these scales or difference of coefficients vary the Community concerned, being powers provided by the State, as we mentioned earlier.
The models by which we proceed to the presentation and payment, are called tax models, classified into three classes: models, 660, 650 and 651.
There is a possibility of deduction, ie reduce the amount of tax in certain cases, namely any of the cases:
Debts against third parties who had left assumed the cause of succession, if they were not accredited, but the debts that the deceased had left incurred on behalf of one of the heirs, legatees, parents, children or siblings are excluded even if they renounce his inheritance.
The amounts owed the deceased in respect of taxes to the state, regional, or local governments, social security and which are paid by the heirs, executors or administrators of the estate, although liquidations match turned after death.
Last illness expenses, burial and funeral and derivatives judgments that may arise in relation to inheritance.
Legal entities are not required to pay this tax, because they are subject to corporate income tax. So do not hesitate a minute, if you. You are affected at some point to have received an inheritance, contact our firm, and our specialists will help you properly handle the tax.