Rights of Inheritance
Tax rates
During the transmission of the estate to the heirs, inheritance rights are paid to the tax administration.
The amount of the transfer taxes vary depending on the relationship between the deceased and his heirs as well as in depending on the importance of the estate patrimony.
All goods component heritage transmitted by estate are taxable.
There are a few exemptions which hold so the quality of the deceased as to the nature of the property left in a will. For example, and since the law of August 22, 2007, the surviving spouse is exonerated from transfer taxes. It is the same of the surviving partner of a PACS.
Estate taxes are calculated on the amount of the estate assets after deduction of the liabilities. Once that amount is known, called active net, one calculation the share accruing to each heir from which the amount of their rights of mutations will be established.
It should take account of the different allowances granted to certain categories of heirs:
The heirs in the direct line (ascendant – descendant) receive a reduction £159.325 since 1St January 2011, and, until August 16, 2012, and £100,000 since August 17, 2012.
Surviving spouses whose spouse died before August 22, 2007, benefit from a reduction of £76,000
Partners bound by a civil solidarity pact, whose partner died before August 22, 2007, benefit from a reduction of £57,000. Similarly, the surviving partner enjoys a rebate of 20% on the value of the primary residence, if at the time of death, the residence is occupied by the surviving partner or minor children or adults protected the deceased or his partner.
The brothers and sisters of the deceased (or their descendants in the case of representation) have since the law of August 22, 2007 from a reduction of £15.932. This allowance stood before the Act of 2007, to the sum of £57,000.
The nephews and nieces receive an abatement of £7.967 since 1St January 2011.
The other heirs receive a rebate of £1,594 since 1St January 2011.
Once determined net assets, and potential deductions taken into account, the transfer taxes depend on scale, defined by the tax administration (as of July 31, 2011):
For estates or donations directly online:
Taxable amount after deduction Rate
Less than £8.072 5%
Between 8.072 and £12.109 10%
12.109-15.392 euros 15%
Between 15.392 and £552.324 20%
Between £552.324 and £902.838 30%
Between £902.838 and £1.805.677 40%
Superior £1.805.677 45%
For estates or gifts between brothers and sisters:
Taxable amount after deduction Rate
Less than £24.430 35%
Superior £24.430 45%
For estates or gifts between others:
Taxable amount after deduction Rate
Inheritance between relatives up to the 4th degree included 55%
Succession between parents beyond the 4th degree or people not parent 60%