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Is there any specialty that affects the inheritance tax?

Clarify your doubts by consulting your particular case


The regulations related to deferrals that we have been analysing applies to tax debts by the inheritance tax.

But besides the tax legislation, it allows management bodies in certain specific cases of corresponding settlements for transmissions "mortis causa", granted deferments on more favourable terms for taxpayers. These assumptions are:

a) Deferment term of one year, granted at the request of the taxpayer, whenever requested before the expiration of the statutory period of payment, if they do not exist in the effective inheritance or property for easy carrying, sufficient for the payment of the liquidated fees. The granting of this deferral involves the payment of interest on arrears, but does not require guarantee.

b) Fractionation of up to five years if in addition to meeting the requirements mentioned in the preceding paragraph, the taxpayer agrees to provide sufficient guarantee covering the amount of the principal debt, interest on arrears, and 25 percent of the sum of both items. The final fractionation concession, in this case, is subject to the provision of the guarantee.

c) Postponement until the known successors (heirs) become known, which is requested by managers or owners of the estate and demands identical requirements to those set forth in the preceding paragraph.

d) Postponement without payment of interest on arrears of settlements relating to the acquisition by inheritance, bequest or donation, individual companies, engaged in an industrial, commercial, handcrafted, agricultural or professional activity. This postponement may last up to five years, provided that the taxpayer constitutes the corresponding security.
After the five year period, you can split the payment, with the same conditions and requirements, up to ten semi-annual instalments, this time, by paying the legal interest rate during the duration of the fractionation.

This type of postponement and fractionation also applies to settlements made as a result of hereditary acquisitions of the residence of a person, if the assignee is your spouse, parent, descendant or also collateral relative, over sixty-five, who had lived with the deceased during the two years preceding the death.