Numerous Italians living abroad find themselves in the situation of having to present the declaration of succession following the death of a relative of theirs of whom they are the legitimate heirs; a procedure that could be quite problematic to perform outside the territory. In light of this, those who for various reasons cannot come to Italy can find in our office valid and qualified support to prepare this obligatory fulfillment. Below we answer some elementary information; inviting customers to view the page dedicated to the subject for further information or to contact us by booking an appointment by telephone or video conference ;it should be noted that mandates will not be taken for the execution of the procedure without a (free) interview with the interested parties.
Declaration of estate
Which services does BBSPRATICHE delivery
We provide three types of services:
- The practice of submitting the succession declaration and all the preparatory activities for achieving the objective
- Technical consultancy or a sort of explanation/training on the things to do, the difficulties, when to do them and how to do them
- Legal advice given by a registered lawyer
We do not provide free advice, suggestions and explanations; After a short 15-20 minute conversation, customers will therefore be directed towards purchasing the most suitable service for their circumstances.
The topic of greatest interest: the taxes to be paid
Here things are much more interesting for the heirs; as inheritance taxes in Italy are among the lowest in Western countries; however, the amount is not easily determined as several variables come into play:
- the relationship between the heirs and the cujus (son, grandson, etc.)
- the degree of kinship
- if there are properties and if on these properties at least one heir resides there as a first home
- The value of the movable property (money, shares, jewelry, artwork, company shares, etc.)
Furthermore, in Italy the legislation provides for exemptions or minimum thresholds under which nothing is due or a fixed tax is due and these exemptions change significantly the degree of kinship with the cujus ; In addition to inheritance taxes there are some particular taxes to pay such as the cadastral registration but these are modest amounts of a few tens of euros.
It should be noted that the payment of taxes in the declaration of succession does not exclude any further request from the financial administration; in the sense that the Revenue Agency, after the appropriate checks, could request clarifications or additions or in any case raise objections; this can happen above all in the case of hereditary assets whose value cannot be estimated at the stage of presentation of the succession or the estimate made is not considered correct by the tax authorities. This includes, for example, agricultural land that can be built on, jewels, works of art, and vintage cars; the shares and quotas of a company; in this case, it would be advisable to first use an appraisal by a qualified technician
What are the timelines?
12 months from the date of the opening of the succession which, except in special cases, corresponds to the date of death; beyond this date, a fine is incurred which however cannot be imposed if more than 5 years have elapsed.
Who is required to submit the succession?
It must be presented when there are real estate and movable assets with a value exceeding € 100,000.00 (jewelry, works of art, shares, cash, etc.). In reality, although the law establishes this threshold, some entities sometimes require it even for lower amounts.
There are extra costs to be incurred
Let’s say that in principle it is not possible to know if there are other costs to bear; however, it is not uncommon for other costs to be incurred in addition to taxes, even if in the majority of cases these are modest costs; hence also the need to have a discussion with the customer for more in-depth knowledge of the situation. In general, among the indirect costs to be incurred, in addition obviously to the service of our agency, we can find
- the costs deriving from the need to search for information (for example other heirs, or the search for assets, to value the assets if they are neither money nor listed securities nor real estate)
- the production of certificates
- the bank costs to request the bank statement on the date of death
- the cadastral transfers
- the notarial deed
- civil status correction procedures
- request fiscal code
The above list must be considered indicative and not exhaustive; moreover, it is not uncommon that sometimes we find ourselves faced with particularly complex situations in which before presenting the succession it is necessary to present another succession or make another procedure; this is why it is necessary to take a precise picture of the situation. Furthermore, if you intend to sell assets that require a notarial deed, it would also be advisable to carry out the Acceptance of Inheritance, an operation that could be much more expensive if done by the notary at the time of the deed.
In short, sometimes the declaration of succession can become an excellent “opportunity” to fix some problems that may represent a potential risk in the future.
What documents are needed
To find out the documentation to be prepared, it is necessary to go into detail, however in principle:
- Personal data of the heirs including Tax Code (* look specific question)
- Document and tax code (* look specific question) of the heir presenting the declaration
- IBAN is registered to one of the heirs, if you do not have an account in Italy you have to start a different procedure and we will take care of the payment on behalf of the customer
- Death certificate (possibly we provide if not available)
- Hereditary assets or assets and related documentation (if not known or partially known, a search must be activated)
- Any waiver of inheritance and/or wills if any
- Notarial deed of the heirs, but we will instruct you on how to do it
These are the documents that are generally requested, but obviously, this list should not be considered exhaustive because it depends on the circumstances.
I haven't got the fiscal code, must get it
Foreign person that haven’t italian fiscal code mustn’t get it to become heir, anyway we suggest to require it because it’s necessary, essential for many other thing, especially if there’re properties to manage; the cost to get it is not very significant respect with the its value and problems you can avoid in the future