Inheritance Tax Guide: All SOS

According to the provisions of the current legislation, the heir or his legal representative is responsible for submitting the inheritance tax declaration. The inheritance tax return must be submitted within nine months if the heir died in Greece, or within one year if the heir died abroad or the heirs or legatees were residing abroad at the time of death. The period starts from the time of the death of the heir, for the intestate heirs or from the publication of the will for the intestate heirs or from the publication in the press of the final decision declaring the non-appearance or from the death of the debtor in a declaration, if he did not submit a declaration or from the appointment of the guardians of scholastic inheritances, executors of the will, receivers of bankruptcy or their recognition, in case of heirs of scholastic inheritances.

Justificatory

The supporting documents required when submitting the inheritance tax return are the following:

* Registry act of death of the heir

* Inheritance certificate or certificate from the competent municipal or community authority on the type and degree of kinship to the heir

* Certificate of the Clerk of the Magistrate’s Court on the non-publication of a will, if there is none, or on the non-publication of a newer will than the one presented

* A copy of the will that has been published and the minutes of its publication

* Certificate of non-waiver of the right of inheritance

* Certificate of non-dispute of the right of inheritance

* Certificate for the age of the beneficiary, when the age of the beneficiary is taken into account to determine the value of the inherited property

* Document of legalization, in case of power of attorney

* The documents proving the transfer of the time of generation of the tax liability

* Evidence of inheritance debts

Method of submission

The inheritance tax return is submitted, in most cases, electronically on the Independent Inland Revenue Authority’s myPROPERTY platform, at the email address https://www1.aade.gr/myaade/myPROPERTY/#!/arxiki.

In particular, for deaths from 1/1/2022 onwards, they are submitted electronically, through the myPROPERTY application:

1) The initial and amending declarations of inheritance of the debtor in the declaration of an heir or legal representative of a Legal Entity, if no notarial document of its acceptance is drawn up, for movable assets using his personal myAADE passwords.

2) The initial and amending declarations of inheritance with which a notarial document of acceptance is drawn up are completed by the certified notary who will draw up the notarial deed of acceptance for movable assets and real estate within an objective system and are submitted by the person liable to declare or his legal representative using his personal myAADE passwords. A necessary condition is that no other declaration in paper form has previously been submitted to the DOU.

Separate declarations are submitted for each cause of inheritance (separate declaration for intestate inheritance and separate declaration for testamentary inheritance).

In the event that the inheritance includes movable and immovable assets, a common electronic declaration is submitted which is completed by the notary, when the application control ensures the payment of the tax in installments. When the control of the application does not guarantee the payment of the tax in installments for the mobiles, a separate electronic declaration is submitted and the tax must be paid once. If the taxpayer wishes to provide real security for the payment of the mobile tax in installments, then he submits a handwritten declaration to the DOU.

In case the inheritance includes only movable assets, an electronic declaration is submitted by the notary public when a notarial deed is drawn up or by the heir or legal representative of a Legal Entity when a notarized deed is not drawn up. When the control of the application shows that the payment of the tax in installments is not guaranteed, a message appears that, if the declaration is submitted, the tax, if confirmed, should be paid once, within three (3) working days from the submission of the declaration. If the taxpayer wishes to provide real security or a letter of guarantee for the payment of the tax in installments, then he submits a handwritten declaration to the DOU.

Alternative…

The law provides the possibility for the heir to either renounce the inheritance and therefore be freed from any debt thereof or to accept the inheritance or to accept the inheritance with the benefit of the inventory, which is essentially a procedure that although relatively increased cost, it can be a lifesaver for the heir, since he will not be liable with his personal property for any debts of the inheritance.

Conditions

The tax-free limits for the first residence

In the case of acquiring a first residence through inheritance, an exemption from the tax is provided under the following condition: The heir (spouse or child of the heir) or his spouse or their minor children, do not have the right to full ownership or usufruct or to live in another residence or ideal housing share that meets the family’s housing needs or full ownership rights on a building plot or on an ideal plot share, to which corresponds a building area that meets their housing needs and are located in a municipality or community with a population of more than 3,000 inhabitants. The housing needs are considered to be covered if the total area of ​​the above properties (and the other corresponding inherited properties) is 70 sq.m. increased by 20 sq.m. for each of the first two children and by 25 sq.m. for the third and each of the subsequent children of the beneficiary.

Tax-free limits

The exemption is granted for a home value of up to 200,000 euros for each minor or unmarried heir and up to 250,000 euros for a married person or for those entering into a cohabitation agreement. The exempt value for the married person or those entering into a cohabitation agreement is increased by 25,000 euros for each of their first two children and by 30,000 euros for the third and each of their subsequent children. The amount of the exemption also includes the value of a car parking space and a storage space, for a surface area of ​​up to 20 m2 each, as long as they are on the same property and acquired at the same time. An exemption is also granted for land worth up to 50,000 euros for each minor or unmarried heir and up to 100,000 euros for each married or cohabiting heir. The exempt value for the married person or those entering into a cohabitation agreement is increased by 10,000 euros for each of their first two children and by 15,000 euros for the third and each of their subsequent children. The above applies if the beneficiary heir or legatee receives a plot of land in its entirety and by full ownership and not an undivided percentage.

In 2 years for minor heirs

Payment in 12 bimonthly installments or a lump sum with a 5% discount

Inheritance taxes are paid in 12 equal bimonthly installments, each of which cannot be lower than 500 euros, except for the last one. In case of inheritance, if the heir is a minor, the number of installments is doubled, provided that each installment will not be less than 500 euros, except for the last one.

If the debtor pays the entire tax within the deadline for payment of the first bimonthly installment, he is entitled to a deduction of 5%. If the resulting tax is less than 500 euros, the amount is paid once and without discount. If the declaration concerns only movables and the payment of the tax is not guaranteed, the tax is confirmed and paid once within three (3) days from the confirmation. In case of overdue amending declaration, the tax is paid in one installment within 30 days without deduction.

Limitation period

The State’s right to levy inheritance or donation tax, parental benefit is time-barred after 10 years if a declaration has been submitted, or 15 years if no declaration has been submitted.

Oi tax rates

The acquisition of real estate or real or debt rights over real estate, shares as well as other assets (i.e. all assets except for cash) due to death is subject to tax, which is calculated based on the tax scales below:

CATEGORY A: This category includes: a) the spouse of the heir or the donor, b) the person who had entered into a cohabitation agreement with the heir or the donor, as long as the cohabitation lasted for at least two years, c) the descendants of the first degree relatives of the heir or of the donor (children from a legal marriage, children out of wedlock against the mother, recognized voluntarily or judicially against the father, legitimized by consequential marriage or judicially against both parents), d) second-degree blood descendants (grandchildren of the inheritor or of the donor) and e) the blood ascendants of the first degree (parents of the heir or the donor).

Stairs

(in euros)

Scale factor Tiered tax

(in euros)

Taxable property

(in euros)

Tax applicable

(in euros)

150.000 150.000
150.000 1% 1.500 300.000 1.500
300.000 5% 15.000 600.000 16.500
An exaggeration 10%

CATEGORY B: This category includes: a) descendants by blood of the third and subsequent degrees (great-grandchildren), b) descendants by blood of the second and subsequent degrees (grandparents, grandmothers), c) brothers (amphithalic or heterothalmic), d) relatives by of blood of the third degree from the side, e) the stepfathers and stepmothers, f) the children from a previous marriage of the husband, g) the children from consanguinity (sons-in-law – brides) and h) the ascendants from consanguinity (fathers-in-law – mothers-in-law).

Stairs

(in euros)

Scale factor Tiered tax

(in euros)

Taxable property

(in euros)

Tax applicable

(in euros)

30.000 30.000
70.000 5% 3.500 100.000 3.500
200.000 10% 20.000 300.000 23.500
An exaggeration 20%

CATEGORY C: This category includes anyone else related by blood or bloodline to the inheritor or exotic (non-relative).

Stairs

(in euros)

Scale factor Tiered tax

(in euros)

Taxable property

(in euros)

Tax applicable

(in euros)

6.000 6.000
66.000 20% 13.200 72.000 13.200
195.000 30% 58.500 267.000 71.700
An exaggeration 40%

NOTE: After 1-26-2010, when the heir is the spouse or minor child of the heir, the value of inherited property up to 400,000 euros for each heir is exempt from inheritance tax (with a corresponding limitation of the tax calculation scales of the A’ category).

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