Changes to Inheritance and Donation Tax: New Rules for Benefits and Rights
New regulations change how inheritance and donation tax is calculated for rights to recurring benefits, usufruct, and easements. They specify when the tax obligation arises for recurring benefits and how their value is determined. The changes also affect the role of notaries in tax collection in certain situations.
Key points
Tax on rights to recurring benefits (e.g., lifetime annuity) will be calculated differently, depending on whether their value is known in advance.
The value of rights to recurring benefits, usufruct, and easements will be calculated according to new rules, often based on the value for 10 years or 4% of the property value.
In some cases, a notary will not collect tax immediately when drawing up a notarial deed.
One point concerning "annuities" has been removed from a list of exemptions or taxation (details depend on the original wording of the law).
One article of the law (Article 13) has been repealed.
The new provisions regarding recurring benefits, usufruct, and easements do not apply to rights established before the law comes into force.
The new rules regarding notaries (Article 19(7)) apply to acquisitions after December 31, 2006.
2025-06-25
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Additional Information
Print number: 10_1282
Process start date: 2025-05-21
Voting date: 2025-06-25
Meeting no: 37
Voting no: 47