The succession must be presented by the heirs within 12 months of death at the Revenue Agency – Registry Office of the Province of the last residence of the deceased.
What the heirs must do after the opening of the succession
The inheritance taxes and any other inheritance expenses must be divided among the heirs in their respective shares.
Acceptance of inheritance
The heirs must accept the inheritance, transcribing the acceptance into:
- Form expressed with Acceptance Act: Court or notary;
- Tacit form: with transcription at the time of sale of the property.
Payment of the deceased’s IMU
The heirs, on behalf of the deceased, must pay the due IMU for all the months in which the deceased was the owner of the year, considering a full month if the deceased has been in possession for more than fourteen days. The due IMU, always on behalf of the deceased, must be paid in accordance with the law.
- Payment of the Imu of the heirs
The heirs, in their own name, must pay the IMU due for all the months in which they had possession in the year, considering an entire month if they had possession for more than 14 days in the month.
Bear in mind that the spouse has the right to live in the house used as a family residence, therefore only the spouse must pay the IMU on the inherited share of that house. The balance IMU must be paid, in the name of the heirs, in accordance with the law.
Income tax return
The year following the death, the tax return for the deceased must be submitted (except in cases of exemption) and pay the related taxes on behalf of the deceased.
Likewise, each heir must declare in his tax return the share of the properties inherited from the deceased, bearing in mind that the spouse has the right to live in the house used as a family residence, therefore he alone must declare the income.
For the methods of filing and especially for exemption cases, consult the ministerial instructions relating to the tax return.
COMMUNICATION FOR THE PURPOSES OF THE URBAN WASTE DISPOSAL FEE
Contact the Municipality for communication for the purposes of the tax in question.
COMMUNICATION TO THE CONDOMINIUM ADMINISTRATOR
Communicate to the administrator of the condominium the general details of the heirs, sending a copy of the Succession.