Inheritance Tax in Catalonia
"The inheritance and gift tax records the acquisitions made by individuals derived from any of the different titles of inheritance recognized by the regulations on inheritance (Law 10/2008, of July 10, of the fourth book of the Civil Code of Catalonia on inheritance), among which we must highlight that of heir, legatee, legatee, trustee, etc."
When this acquisition is made by a legal entity (company, foundation, etc.), the operation is subject to corporation tax.
The persons liable to pay the tax are the beneficiaries, that is to say, those who have received any property or right in the inheritance for any of the inheritance titles regulated by the regulations.
How do you declare an inheritance?
Inheritances and legacies are self-assessed using forms 660-650.
A self-settlement must be made for each person obliged to pay the tax, even if no income results.
How much time do we have to declare the acquisition of an inheritance?
The deadline for declaring the acquisition is 6 months from the date of death. During the first 5 months from the date of death, an extension of the deadline can be requested for a further 6 months. In this case, interest must be paid for the extended days.
If it is decided to apply for an extension, the following documents must be enclosed with the application:
- Certification of the death certificate of the deceased
- List of names and addresses of declared or presumed heirs, stating the degree of kinship at the time of death.
- The situation and approximate value of the goods and rights that make up the inheritance.
- The reason for the application.
The request for extension can only be submitted by the heirs, executors or administrators of the estate.
What documentation is required to attach?
The original and a copy of the notarial, judicial or private document confirming acceptance of the inheritance must be submitted together with the tax declaration and self-assessment. In addition, the following documents (originals and copies) must be submitted unless a notarized has been drawn up in the public document relating to the transaction being self-settled, or has been submitted in a previous self-settlementa)Death certificate of the deceased
b) Certificate from the General Registry of Acts of Last Resort)
c) Authorized copy of the will, codicil, testamentary memorandum or inheritance agreement.
In case one of the following documents is not required
d) The insurance contracts concluded by the deceased or certification from the insurance company, in the case of group insurance.
Deferring or splitting payment
The tax collection regulations provide for the possibility of postponing or fractioning the payment of taxes when the cash position of the obligated persons prevents them from making this payment within the period established by the regulations, with the corresponding interest for late payment accruing. In addition, there are specific cases for inheritance and gift tax.
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