Inheritance Tax, and How to Avoid it

They say that two things are inevitable in life: death- In Spain, spouses have to pay 8.5% on legacies
and taxes. We don't much care for thinking aboutabove EUR16,000 Euro ($19,000 US), rising to 34% on
either. Inheritance tax is the one tax we don't pay untillegacies above EUR800,00 Euro ($974,000 US). There
we are dead, so perhaps understandably it's a subjectis a partial-exemption system, but to benefit from it the
way down our list of priorities. When pressed, mostbeneficiary must keep any real estate asset at least
people express the hope that their families, rather than10 years. When the surviving spouse dies, inheritance
the state, will inherit their wealth when they die.tax has to be paid again - but this time on 100% rather
Western governments vary considerably in the extentthan 50% of the assets. The Spanish tax system
to which they accommodate this basic human desire.appears specifically designed to hit disproportionately all
To a greater or lesser degree, death taxes are nearlynon-Spanish or second-home-owning beneficiaries.
everywhere viewed as a legitimate tool for promotingSweden is an interesting case. Although inheritance tax
the objective of social equality. Karl Marx, Andrewhas been abolished there, it now charges its residents
Carnegie and John Maynard Keynes had this ina wealth tax of 1.5% of their assets above
common: they all favored high inheritance taxes.£200,000 ($350,000 US) each year. This new
However, this view is by no means universal: with awealth tax raises far more revenue than the old,
little planning and a global perspective, there are stepsabolished inheritance tax. There has in fact been a net
that can be taken to avoid the tax altogether. Indeed,loss to the Swedish taxpayers as a result of this
there is some truth in the old assertion that inheritancereform.
taxes are paid only by the poorly advised.The case of Italy, however, is the most interesting of
Most countries, with the exception of the UK and USA,all. Italian Inheritance and Gift Tax (Imposta sulle
tax the beneficiaries of a will, rather than the estateDonazioni e Successioni) was abolished in October
itself. International comparisons are difficult, but the2001. As a result, there is now no inheritance tax
following details are illuminating:whatsoever in Italy. Unlike the situation in Sweden,
- In the USA, a surviving spouse pays nothing. All otherhowever, taxation was not increased in other areas to
bequests above $1.5 US are subject to federalcancel out the inheritance tax saving: it is a genuine
taxation at 45%, with additional local taxes pushing thatsaving that applies to anyone domiciled in Italy, i.e.
figure above 50% in many states. When the currentanyone not taxed by a foreign government.
republican administration came into office in JanuaryThe Italian government introduced this measure for
2001, the lower threshold was only $675,000: it hastwo reasons. Firstly, it realized that the value of the tax
more than doubled in just 5 years. The USA now hasgathered was little more than the cost of the
the second-lowest inheritance taxes in the world.bureaucracy required to administer it. Secondly, Italy
- In the UK, a surviving spouse again pays nothing. Allhas traditionally been a big exporter of capital - but the
other bequests above £275,000 (EUR396,000current Italian administration believes that Italy's best
Euro or $483,000 US) are subject to taxation at 40%.interests are served by reversing that flow.
- In Germany, inheritance tax is paid by the beneficiary:Italy's efforts to attract capital into the country are
spouses pay 7% on legacies above EUR307,000 Euroalmost guaranteed to be successful. Taking British
($374,000 US), rising to 30% on legacies abovebuyers of overseas real estate as an example: when
EUR25.9 Million Euro ($31.5 Million US) on a sliding scale.buying second homes abroad, 27% of them have in
Non-spouse relatives pay 12% to 40%, andthe past chosen Spain, 20% have opted for France,
non-relatives pay 17% to 50% on legacies abovebut only 1% have bought in Italy (source: British Office
EUR307,000 Euro ($374,000 US), both rising on afor National Statistics). However, when prospective
similar sliding scale.British buyers were asked in a Barclays Bank survey
- In France, as in Germany, inheritance tax is paid bywhere they intended to buy in the future, 30% said
the beneficiary. A surviving spouse pays 5% onSpain, 14% said France - and 10% voted for Italy.
legacies above EUR76,000 Euro ($92,000 US), risingClearly, the stimulus provided by these beneficial fiscal
on a sliding scale to 40% on legacies above EUR1.776changes is set to have a big effect on the Italian
Million Euro ($2.162 Million US). Other relatives pay atproperty market.
similar rates but with a lower tax-free allowance, whileOne other thing is also clear, though. Italian real estate
non-relatives pay at up to 60% with an almost zeromight just be the best investment choice you could
tax-free allowance.make for your children.