Intestate inheritance taxes. Inheritance tax

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today we will find out if we have to pay inheritance taxes under a will (and not only) in Russia. The point is that this issue is really extremely important. Not everyone knows what will happen to the heirs in certain cases. Most often, inheritance is transferred in the form of real estate. And it is not clear whether it is worth paying the tax. When entering into an inheritance, few people think about this moment. But in vain. After all, in the absence of payment, if necessary, you can lose everything that you were supposed to. Yes, and get a lot of problems with the law and the tax service.

Myth or reality

Probate inheritance taxes - myth or reality? There are a lot of changes going on in this system. It's hard to keep track of everyone. Therefore, yesterday you could not pay taxes, but today you are obliged. To avoid surprises, you should constantly be interested in the amendments made to certain laws of the Russian Federation.

The thing is that in fact the tax upon receipt of an inheritance was abolished. It is this rule that now applies to citizens of the Russian Federation by law. But not fully. It turns out thatinheritance by law in some cases does require the payment of a certain amount of money.

As before

Just a few years ago, some unpleasant moments were traced at this moment. And there was confusion. The inheritance tax was paid by everyone. But in different sizes.

Everything depended not only on the value of the inheritance, but also on the degree of kinship. The more distant the relative, the more he had to pay. Those are some interesting rules. In practice, the sequence acted extremely rarely. After all, all the same, most often the heirs were spouses and children.

What picture did you get? Inheritance tax in Russia for heirs, as already mentioned, was established depending on the degree of kinship. Spouses, parents and children are always in the first place. They paid 5% of the value of everything they inherited. Grandparents, as well as brothers and sisters, are the heirs of the second stage. They were supposed to pay 10%. Everyone else had an inheritance tax (by will and not only) at 20% of the total value of the inheritance.

Nevertheless, they decided to remove such payments. Practice has shown that not everyone is able to pay such amounts. And they do not always agree to enter into the inheritance. In addition, the value of real estate (the most common type of inheritance) varies from year to year. Calculating the exact amount for the heir is becoming more and more difficult. Therefore, after some time, the inheritance by law ceased to be taxed asas such.

What is taxed

As already mentioned, people are not always completely exempt from paying. Inheritance tax is still levied in some cases. True, not too often. But from all relatives who rely on the property of the deceased.

As a rule, cash is taken into account. Or income in other words. Everything that is received by the heirs for the owner as a reward for the creation of objects of art, works, industrial designs and scientific works is subject to appropriate payments. They are not too high. Please note that you will have to file an additional income tax return at the end of the reporting period. Quite a common phenomenon that many simply forget about.

Following the template

If someone inherited an apartment, no tax is paid. But when people, after the death of the owner, receive income from scientific, creative, industrial works, they will have to pay. We have already found out.

But how much specifically? The exact amount cannot be named. Why? The thing is that the usual tax scheme is used for calculations. For the inheritance received, you will have to give 13% of your income.

Fortunately, this practice is extremely rare in practice. Therefore, in most cases, no cash payments in the form of tax deductions are made. However, this is not the only nuance that will have to be considered before you enter into the inheritance.

About inheritance by law

But first, some information about the process in general. There are at least two forms of inheritance - by law and by will. In order to avoid any disputes over who has the right to claim what, you need to know in what cases it is possible to apply one or another option.

According to the law, without a will, all family members enter into the inheritance of all property in turn. As a rule, the extension is valid for first-degree relatives.

In addition, property is divided according to the law, when the will specifies "sharing" only something specific. Mentions of deprivation of inheritance (partially or completely), refusal in favor of one or another relative, the absence of heirs in the text of the will, as well as their removal as applicants - all this applies here. Therefore, you should not think that only a will gives the right to inherit. Not at all.

The main "direction" of inheritance by law is kinship. As already mentioned, it is taken into account in the order of priority. Then, if necessary, inheritance taxes (by will and not only) will be paid only by those who get the property.

By will

What to do if during the life of a person made a "estimate of the division of property"? Nothing. According to modern laws, inheritance tax in Russia, like property itself, will only apply to those who are written about in the will. But the action is valid only in relation to the property described in the document. Everything else not mentioned by the owner,is divided exclusively by law.

By the way, you don't need to pay inheritance taxes most often. General rules apply to this form of inheritance. No taxes, unless we are talking about income for a particular activity of the deceased. At the moment, this is the system that works in the Russian Federation.

Duty

However, the problems with our today's question do not end there. And all this is due to the fact that, regardless of the circumstances, the entire inheritance is subject to certain payments. But not taxes. What we are talking about is called the state duty. It is levied without fail from all heirs upon entry into the inheritance.

It varies in size. There is no inheritance tax in Russia as such, but there is no state duty. Therefore, many believe that for entering into the right of inheritance and receiving property from a relative after his death, you still need to pay taxes. They cannot be called fixed. There are some restrictions, but they are not so many. What to prepare yourself for?

Duty Calculations

Someone inherited an apartment? The tax, as already mentioned, is not paid as such. It is only about the payment of state duty. As practice shows, its value is much lower than the previously existing cash "contributions".

The thing is that kinship with the previous owner plays a huge role in this matter. Heirs of the first and second stagepay 0.3% of the amount of inherited property. This rule applies to everyone. The sum is taken as a total. Please note that there are some restrictions here. Often people have a huge legacy. But this does not mean that the heirs will have to fork out. The maximum state duty in this scenario is 100,000 rubles. And no more. That is, the maximum state duty for inheritance in Russia is set at 0.3% of the cost, but not more than 100 thousand for close relatives.

All other heirs must pay 0.6%. At the same time, the tax upon receipt of an inheritance cannot exceed 1 million rubles. The difference compared to close relatives is huge, but in practice, property most often simply does not reach third-order relatives, everything is divided between children and spouses. Occasionally - between parents. Consider this.

On sale

The last point to remember is that after receiving real estate, everyone will have to pay taxes on it. Exactly the same as for all your property. This is especially true for apartments.

If you sell real estate received by inheritance, then 13% of the amount received is paid from the income. Veterans of the Second World War, heroes of the Soviet Union and the Russian Federation, as well as holders (full) of the Order of Glory are completely exempt from any taxes in this matter. In practice, such cases almost never occur. But you should still be aware of all the existing limitations and features. What is the tax onto pay an inheritance and in general - is it necessary to do this? Now you know the answer.