How high are inheritance taxes in Greece?
Heritage tax shall be levied by the State. The tax does not apply to the deceased's estate, but to the beneficiaries for their share of the estate. The tax liability arises on the date of death.
The legacy tax is based on the fair market
value of each beneficiary's share at the time of death. Expenses such as
funeral expenses, the debts of the deceased, and the expenses of the deceased's
care are legacy deductible. real estate qatar
The heirs are divided into three
categories, depending on how closely the deceased is kinship.
Category I covers spouses, kids,
grandchildren and parents.
Category II includes grandparents,
siblings, stepbrothers, stepsisters, foster parents, in-laws and previous
married children.
Category III comprises all non-Category I
and Category II recipients.
Real property belonging to heirs of
Category I and Category II shall be taxed at a flat rate of 1%. Heirs of
Category I are entitled to an exemption of € 95,000, while the non-taxable
threshold amount for heirs of Category II is € 20,000.
Heirs of Category III shall be taxed on all
their heritage at the following tax rates.
CATEGORY III HEIRS INHERITANCE TAX
BASIC TAX, € RATE TAX
Up to 6,000 euros nil
6,000 euros - 72,000 euros 20 p. 100
72,000 euros - 267,000 euros 30 p. cent
More than €267,000nForty per cent
Source: Guide to Global Property
LAW INHERITANCE
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What inheritance laws in Greece are
applicable?
Legal matters relating to property situated
in Greece are governed by the law of the nationality of a foreigner.
The Greek Civil Code (GCC) stipulates,
pursuant to its second chapter ("Private International Law") (Art.
28), that issues arising from heritage are regulated by the law of the deceased
at the time of his death.
If national law of the foreign deceased
states that, in matters of substantive heritage, the law applicable to the
country in which the property is located (for example, the law of Greece), then
the competent court, whether Greek or otherwise, should apply the heritage
rules of the GCC (arts 1865 - 2035, GCC).
In such cases, the inheritance law of the
foreigner is applied to dispose of the estate by the court, as the inheritance
issues are effectively governed by the law of the nationality of the deceased
and differ from the legal requirements of Greek jurisdictions concerning
technicalities of the transfer of property ownership.
As a result, the foreigner is able, after
his death, to disposes of his property in Greece without the restrictions
applicable to Greek citizens, for example, forced heirship, provided that this
is acceptable in accordance with his/her national law.
The only situation in which Greek heritage
rules are automatically applicable to a deceased foreigner's estate is if
he/she also has dual Greek citizenship.
The GCC stipulates (Article 27) that rights
of ownership, including rights to immovable property, shall be governed by lex
réi sitae, that is, the law of the State of its location. The same legislation
applies to contracts of property and other legal acts creating, conveying,
modifying or reducing rights to property (art. 12, GCC). It should be stressed,
however, that these are procedural rather than substantive matters and not
undermine the general rule which essentially governs the laws of decedent
nationality on foreigners' inheritance, including property located in Greece.
The GCC (arts 14-15) stipulates that the
spouses' rights are, as a priority, subject to (a) their last common
nationality or (b) their last common usual residence country or (c) their
country of nearest contact.
There are no special rules for members of
different religions, nationalities or foreigners that are not resident in
Greece and no restrictions on foreigners inheriting property in Greece are
generally imposed. In the case of properties situated in some regions close to
the Greek border, prior authorisation may be required (because of national
security), but it is very unlikely that such permission would ultimately be
denied.
The Monomeles Protodikeio Single-Member
Court is competent for the majority of heritage matters, particularly as
regards probate proceedings. This Court is also competent to declare in Greece
enforceable foreign evidence and heritage judgments. Whether a claimant is an
alien does not differ from the Court's competence; however, geographical
jurisdiction for a non-resident alien falls to the Single Member Court of First
Instance in Athens.
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