Inheritance Tax in Italy

Inheritance tax ("Imposta di Successione") in Italy applies to the transfer of assets upon death and varies depending on the relationship between the deceased and the heir. If you are an expat, investor, or have family in Italy, understanding inheritance tax laws is crucial for estate planning and financial management.

Who Pays Inheritance Tax in Italy?

Inheritance tax applies to heirs who receive assets from a deceased person. The tax is calculated based on the value of the inheritance and the relationship between the deceased and the heir. Both residents and non-residents may be liable, depending on where the deceased was domiciled and where the assets are located.

Inheritance Tax Rates and Exemptions in Italy

Italy has a progressive inheritance tax system with different rates and exemptions based on the heir's relationship to the deceased.

Relationship to Deceased

Tax Rate

Tax-Free Allowance

Spouse & Direct Descendants (Children, Grandchildren)

4%

€1,000,000 per heir

Siblings

6%

€100,000 per heir

Other Relatives (Cousins, Aunts, Uncles, Nephews, Nieces)

6%

No allowance

Unrelated Beneficiaries

8%

No allowance

If the inherited assets exceed the tax-free allowance, the applicable tax rate is applied only to the amount above the threshold.

Types of Assets Subject to Inheritance Tax

Inheritance tax in Italy applies to various types of assets, including:

• Real estate (houses, apartments, land)
• Bank accounts and cash savings
• Stocks, bonds, and other financial investments
• Business shares and company assets
• Vehicles and luxury goods

Certain assets, such as life insurance policies paid to beneficiaries, may be exempt from inheritance tax.

How is Inheritance Tax Calculated in Italy?

The tax is calculated based on the total value of the inherited assets after deducting the tax-free allowance (if applicable). Here is an example:

Scenario: If a father leaves an estate worth €2,000,000 to his son:

• The first €1,000,000 is exempt.
• The remaining €1,000,000 is taxed at 4%.
• The total tax owed would be €40,000.

Inheritance Tax for Non-Residents

Foreigners who inherit assets in Italy may be subject to Italian inheritance tax if the assets are located in the country. Additionally, if the deceased was an Italian resident, inheritance tax may apply to worldwide assets. Some countries have tax treaties with Italy to avoid double taxation.

Estate Planning Strategies to Reduce Inheritance Tax

• Gifting assets during your lifetime: Italy has no gift tax on amounts below certain thresholds.
• Life insurance policies: Insurance payouts to beneficiaries are exempt from inheritance tax.
• Trusts and foundations: Depending on the structure, these may help reduce tax liabilities.
• Strategic ownership arrangements: Holding assets in specific legal structures may offer tax benefits.

How to File and Pay Inheritance Tax in Italy

Heirs must file an inheritance tax declaration ("Dichiarazione di Successione") with the Italian tax authorities within 12 months of the death. This process includes:

• Listing all inherited assets and their values.
• Submitting the necessary paperwork, including death certificates and asset valuations.
• Paying any taxes due.

Conclusion

Understanding Italy’s inheritance tax system is essential for anyone with assets or family connections in the country. Planning ahead can help minimize tax burdens and ensure a smooth transfer of wealth to heirs. If you need assistance with estate planning or inheritance tax matters, consider consulting an Italian tax professional for tailored advice.

FAQs

1. Which European country has no inheritance tax?

Several European countries have no inheritance tax, making them attractive for estate planning. These include:

• Portugal – No inheritance tax for direct family members (spouses, children, parents). Other heirs pay a low stamp duty (10%).
• Sweden – Abolished inheritance tax in 2005.
• Norway – Abolished inheritance tax in 2014.
• Austria – Abolished inheritance tax in 2008.
• Malta – No inheritance tax, though there are stamp duties on property transfers.
• Cyprus – No inheritance tax.
• Estonia – No inheritance tax, but inherited assets may be subject to capital gains tax if sold.

2. Do you pay taxes on inheritance in Italy?

Yes, Italy has an inheritance tax (Imposta di Successione) that applies to assets inherited by heirs. The tax rate depends on the relationship between the deceased and the beneficiary, with exemptions available for close relatives.

3. How much is the inheritance tax in Italy?

The inheritance tax rate varies based on the relationship:

• Spouse and direct descendants (children, parents): 4% on amounts exceeding €1,000,000 per heir.
• Siblings: 6% on amounts exceeding €100,000 per heir.
• Other relatives (up to the fourth degree): 6% with no exemption threshold.
• Unrelated heirs: 8% with no exemption threshold.

4. Who pays the inheritance tax in Italy?

The heirs are responsible for paying the inheritance tax. The tax is calculated based on the value of the inherited assets after applying any applicable exemptions.

5. What is the inheritance law in Italy?

Italy follows forced heirship rules, meaning a portion of the estate must go to certain heirs (such as children and spouses) regardless of the deceased’s will. The remaining part of the estate can be freely distributed according to the deceased’s wishes.

6. Are US wills valid in Italy?

Yes, foreign wills (including US wills) are generally valid in Italy if they comply with international conventions and Italian law. However, forced heirship rules may still apply to assets located in Italy.

7. How does inheritance work in Italy?

Inheritance in Italy follows a legal framework that includes forced heirship for close relatives, taxation based on relationship and asset value, and the requirement to file a declaration of succession (Dichiarazione di Successione) with the Italian tax authorities.

8. Can you refuse an inheritance in Italy?

Yes, heirs can renounce (refuse) an inheritance in Italy, particularly if the estate carries significant debts. This must be done through a notarial deed or court declaration.

9. Can you gift money in Italy and what is the gift tax rate?

Yes, you can gift money but monetary gifts may be subject to Italy’s gift tax, which follows the same rates and exemptions as inheritance tax. However, gifts made for education, maintenance, or other essential needs are generally tax-exempt.

Gift tax rates are identical to inheritance tax rates:

• 4% for spouses and children (over €1,000,000).
• 6% for siblings (over €100,000).
• 6% for other relatives.
• 8% for unrelated persons.

10. How do I avoid inheritance tax in Italy?

Some strategies to minimize inheritance tax include:

• Gifting assets: Within tax-free allowances before death.
• Life insurance policies: Proceeds are exempt from inheritance tax.
• Foreign trusts or holding structures: If compliant with Italian laws.
• Strategic estate planning: Seeking professional legal advice to structure the estate efficiently.