Inheritance without succession, when it is possible and how to do it

The inheritance declaration is a tax obligation that (also) falls on the heirs, who must indicate the composition of the hereditary assets, paying any tax.
Not submitting the return when due is very risky, as the penalty ranges from 120% to 240% of the tax due.
No benefit if no tax is due: in this case a penalty of between 250 and 1,000 euros applies.
The succession declaration is a mere tax compliance, which does not imply acceptance of the inheritance, but despite this it is often a problem for many.
Above all because then follows the obligation to pay taxes and the related disputes between co-heirs, but also because it is necessary to trace all the assets of the inheritance, which is not always easy.
Yet, sometimes it is also possible to receive the inheritance without inheritance, that is, without submitting the declaration to the Revenue Agency.
The succession still opens upon the death of the deceased, obviously, but no paperwork is necessary to declare it.
This is not a free choice of the heirs, but some cases expressly indicated by the law.
Inheritance without succession, when it is possible As anticipated, inheritance without declaration of succession is possible, but only under certain conditions.
In particular, the following elements must exist at the same time: the inheritance does not include real estate (houses, land and so on) or real rights over real estate (usufruct, use, residence); the hereditary assets do not exceed the value of 100,000 euros; the inheritance passes to the spouse, children, grandchildren or generally to ascendants and descendants in a straight line.
By law, when these conditions exist there is no obligation to declare succession.
However, it is essential that all these requirements are present, otherwise the administrative sanction for failure to declare will be applied.
Consequently, if the inheritance contains real estate or rights to real estate, the succession declaration must always be presented, regardless of the value and the relationship with the heirs.
At the same time, an inheritance without real estate and with a value of less than 100,000 euros still entails the obligation to declare if it is received by a stranger or a relative not included in the cases of exemption (such as a brother or sister).
How to do? When the law provides for exemption from the succession declaration, it is possible to do without any substitute fulfillment.
In fact, to obtain the assets part of the inheritance, it will be sufficient to show one's own documents, those of the deceased, the death certificate and – if present – the will.
In the event that there are multiple heirs, agreement between all or judicial division is still necessary for certain actions on the hereditary assets, but not the declaration.
read also How not to pay inheritance tax Other cases in which the declaration is not needed In addition to the exception mentioned, it is possible to do without inheritance tax even in the case of renouncing the inheritance.
The latter, however, must necessarily take place within 12 months of the deceased's death (within 3 months if the person entitled to the inheritance is in possession of some of the deceased's assets).
Nothing prevents you from renouncing after this deadline, the law allows 10 years, but you lose the exemption from the succession declaration, which is in any case due within 12 months from the opening of the succession (which normally opens upon death).
Obviously, the renunciation exempts from the inheritance and from the payment of taxes only the person who carries it out and not all the others called upon to inherit, who could still be required to present it.
Finally, the succession declaration is not required even in the event that those entitled to the inheritance or legatees not in possession of hereditary assets have requested the appointment of a special curator of the inheritance.
In both of these hypotheses, however, the exemption from succession must be communicated to the Revenue Agency by attaching a declaration of renunciation of inheritance or the request for the appointment of the special curator.
However, this requirement is not necessary when the declaration is not due for a value of less than 100,000 euros, absence of properties and relatives (within the established limits).
read also Declaration of succession: who must do it, when it is needed and how to send it

Author: Hermes A.I.

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