Inheritance tax. What taxes are paid upon inheritance by will and by law

Today we will be interested in inheritance tax. Is there such a payment? How much is it in Russia in 2018? Are there benefits for the population in this area? And in general, what expenses will citizens have to face when receiving property by inheritance? Next, we will try to understand all of these issues. In reality, everything is not as difficult as it seems.

Ways to receive an inheritance

Is inheritance taxed on personal income? Or are citizens exempt from taxation?

Tax Code

First, find out how to inherit property. The amount of money given in the process of realizing the task will depend to some extent on this.

In Russia, the transfer of property from the testator can be carried out:

  • according to law;
  • according to the testament document.

Will inheritance tax be levied in one case or another? And from its whole part? Understanding such a question is not difficult. Especially if you thoroughly study the current Tax Code of the Russian Federation.

Taxes - to be or not to be

Will inheritance income tax be paid? And any other tax payment takes place in relation to a similar operation?

Under current laws, income tax on property received by inheritance is not levied. This rule is spelled out in article 217 of the Tax Code of the Russian Federation.

Moreover, the degree of kinship in this situation does not play any role. All heirs are exempt from tax on the acquisition of property. But there are exceptions.

What is taxed

What is it about? Property inheritance tax will not be levied in Russia. But what about other property?

Testament and taxes

Personal income tax in the amount of 13% is required from citizens who inherit by any means a monetary reward for the fruits of creativity, science, intellectual activity and so on. This is an extremely rare scenario.

About Mandatory Payments

Nevertheless, it is worth paying attention to the fact that obtaining property from the testator involves a number of expenses. Every modern person should know about them.

Inheritance tax is a term that is often used with respect to inheritance fees. It is in this vein that a similar phrase will be used.

Fees are mandatory. But their size will depend on the method of obtaining property from a deceased citizen. Moreover, in determining the mandatory costs of inheritance, the degree of kinship is taken into account. So what kind of dealings can one encounter in this or that case?

By will

If, say, a woman received an inheritance, is it necessary to pay tax in such circumstances?

Consider the situation of inheritance by will. This technique is used in Russia more and more often. It allows you to distribute property between the heirs during the life of the former owner. Moreover - bequeathing property is permitted to third parties.

What inheritance tax is paid in the form of state duty when reading a will? Here are the most common expenses:

  • announcement of the document - 300 rubles;
  • confirmation of the validity of signatures - 100 rubles;
  • acceptance of hidden testamentary paper - 100 rubles;
  • providing a notary for the preservation of human property - 600 rubles.

Some private offices may charge higher fees. But they, as a rule, do not differ much from the proposed price. Usually, notary fees are generally charged, not a state fee.

Notary and inheritance

Property Fees

When inheriting, what taxes do you have to transfer to notaries and tax authorities?

Regardless of the method of obtaining property by inheritance, citizens must transfer the state fee in established amounts.

How much to pay in one case or another? The answer depends on the value of the property, as well as on the degree of relationship between the recipient of the property and the testator.

At the moment, in Russia, the following rates apply:

  • 0.3% - for loved ones;
  • 0.6% - for other persons.

It will be necessary to focus on these indicators. What else is important to remember for all potential recipients of benefits from testators?

Maximum payment for loved ones

Inheritance tax in Russia has some limitations on the amount. There is no minimum payment, but there is a maximum. More than a certain amount of money is not charged from the heir.

In 2018, the state duty for the inheritance process cannot exceed 100,000 rubles. This is the amount of payment levied on one recipient for all property transferred to him from one or another person.

Accordingly, if a citizen receives material benefits from several testators, he will have to pay as much as 200 thousand or more. It all depends on how often a person acts as an heir to one degree or another.

Important: the bonus applies only to recipients 1 and 2 of the succession order.

Maximum for other persons

Inheritance tax by will or by law shall be levied in established amounts. But, are there any restrictions in terms of fees for third parties? Or do they ultimately give as much as the close people of the testator?

Not at all. The current laws of the Russian Federation establish a limit on fees for the acquisition of property by inheritance in the amount of 1,000,000 rubles. This restriction applies to citizens who are not close to the deceased. Moreover, the method of acquiring property by the heirs does not play any role. Having remembered all these rules, everyone will be able to understand how much the inheritance tax will be for him.

The definition of "loved ones"

The inheritance tax of close relatives of the heirs is of interest to the bulk of citizens. Especially if people get property from the deceased by law. In such circumstances, family relationships play an important role. Depending on them, the property of the deceased citizen will be distributed.

Inheritance tax of an apartment or other property in the amount of 0.3% of its value under applicable laws is levied on:

  • parents
  • husband or wife;
  • children
  • brothers
  • sisters.

No one else is in the circle of close relatives by law. Accordingly, the remaining heirs pay 0.6% of the value of the object.

Tax or state duty

Shares and Payments

But what if a person receives only part of the property? For example, how will the estate inheritance tax be calculated between several heirs?

A share in the property allows to reduce the size of the duty. After all, the "tax" is calculated in proportion to the parts of the inheritance reserved for each recipient. It is important to keep in mind the maximum restriction on the relevant transactions.

About beneficiaries

How the tax on the share of the inheritance is calculated, we found out. Are there any benefits regarding the topic being studied?

Yes. Firstly, it provides for a reduction in the duty rate to 0.3% of the property value for close relatives. But that is not all. At the moment, it is possible to determine the circle of persons exempted from state duty in general.

Preferential categories include:

  • persons with disabilities and related associations;
  • Heroes of the USSR or the Russian Federation;
  • veterans;
  • combatants;
  • government officials.

All these citizens are fully exempted by law from any fees for obtaining property by inheritance. And this is not all state bonuses. There are other benefits.

Discounts and other bonuses

Inheritance tax - by testament or by law - is paid in previously proposed amounts. But, as already mentioned, there are a number of exceptions.

Consider the process of issuing a certificate of inheritance. Notary services for disabled people of group 1 are paid at a discount of 50%.

In addition, here is a list of citizens who are not charged for obtaining a certificate from a notary public in the established form:

  • the heirs of those who died in the execution (state property protection, citizens);
  • recipients of property from repressed citizens;
  • people receiving bank deposits, salaries, insurance payments as an inheritance;
  • children;
  • legally incompetent, having a guardian or guardian.

In addition, people who at the time of the death of the testator lived together with him are exempted from notarial duties. No more bonuses and benefits under the laws of the Russian Federation are provided.

Taxes on the sale of inherited property

Important: the right to exemption from inheritance tax will have to be documented to one degree or another. The absence of appropriate securities will be the basis for the refusal to provide benefits. Therefore, it is recommended to prepare in advance for inheritance.

Property sale

We found out what inheritance tax will be charged to citizens under certain circumstances. Sometimes it happens that a person quickly receives property and puts it up for sale.

What happens in such circumstances? The state fee for obtaining property from the testator has already been paid. And now, when selling property, you have to pay income tax.

He is:

  • 13% - for citizens of the Russian Federation;
  • 30% - for foreigners.

There are no benefits in this regard. There is only one scenario in which you do not have to allocate funds for the transaction of sale of inheritance. But about him later.

The payment amount is determined by the amount specified in the purchase agreement. It is from this indicator that taxpayers will have to build on.

Sales tax exemption

As already mentioned, a person in certain circumstances may be exempt from inheritance tax, which was sold by the heir. It is not difficult to take advantage of the privilege - it is enough to simply conclude a transaction and submit a declaration of income to the Federal Tax Service.

In Russia, exemption from personal income tax on the sale of property relies on:

  • after 3 years of ownership - if a car is being sold;
  • after 5 years of ownership of the property - in relation to real estate.

Today there is another benefit. It applies to property received in any way before 2016. If such property is sold, then it is exempt from taxation after 36 months of ownership by the seller.

Property Taxes

Property inheritance tax as such is not paid. But basically, citizens have to deal with state duties in one way or another.

What payments will be made to the heir after registration of objects and benefits from the testator in the property? A year after the re-registration of property rights, a person will need to pay:

  • property tax - for real estate;
  • transport tax - for owning a car.

By law, some citizens can be exempt from these taxes. Usually this:

  • disabled people;
  • pensioners;
  • veterans.

The listed categories of citizens are offered full exemption from tax payments on property in respect of only one object of a particular category. Accordingly, if the right to a benefit is already being used, it will not be possible to renew it. This is a completely legal norm, valid throughout the Russian Federation.

Transfer of funds of the Federal Tax Service

Payment Methods

A testament / statutory inheritance tax is required to be paid on time. And all the fees for the corresponding operation, too. Otherwise, the person will be denied inheritance.

How to carry out transactions in the Russian Federation? Here are some fairly common scenarios:

  • appeal to the cash departments of banks of the Russian Federation;
  • conducting a transaction through online banking;
  • depositing funds through ATMs / payment terminals;
  • making a payment through online wallets;
  • use of cash at notaries or at the Federal Tax Service (depending on the type of payment).

As practice shows, the process of transferring funds does not cause any difficulties. But the citizen needs to prepare.

What is required for payment

How exactly? It is necessary:

  1. Choose a method of making a duty or tax.
  2. Find out the details of the recipient organization. For example, a notary office or local tax office.
  3. Take along your passport, receipt (preferably), mobile phone, money (cash or credit card).
  4. Make a payment using prepared paper.

That's all. In real life, direct payment of duties / taxes and preparation for it does not cause any particular problems. And often you can cope with the tasks in a few minutes.

Important: if a property is being sold, then a number of papers will have to be sent to the Federal Tax Service to pay the tax. For example, a contract of sale and certificates of inheritance. In addition, you need to prepare a tax return of the established form.

Conclusion

Today we found out what payments the heirs will face. Moreover, we were able to study all possible duties and taxes arising from recipients of property from testators.

Inheritance by law and testament

There is no direct inheritance tax in Russia. Previously, individuals were required to testament taxation. But since 2005, the corresponding payment has been abolished. This technique has significantly reduced the burden on the heirs.

Source: https://habr.com/ru/post/G44357/


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