LAW 29 October 1981, n. 84 (published in the albo of the Public Palace on 20 November 1981) Law on inheritance tax and related regulations. We the Captains Regent of the Most Serene Republic of San Marino Promulgate and publish the following law approved by the Great and General Council at its meeting of 29 October 1981. TITLE I Rules for the application of the tax Art. 1 E 'subject to inheritance taxes, indicated in the attached rate, each transmission of ownership, usufruct or enjoyment of property or rights, which takes place due to the absence of death, except in specifically determined cases. The legacy and the related real estate donated to strangers, as well as tax above will be liable to the quintet to the extent of 10%. For succession in a straight line and spouse, this set of five numbers is 5%. Art. 2 The tax applies to the value of which increases the p SHAREHOLDERS heir or legatee. The taxable mass also includes all claims arising from the succession, not excluding those vantanti of the deceased against the heir or legatee. The inheritance tax is applied for each net share of the inheritance or legacies and individual brackets. For the application of different rates to individual units it is required calculation of donations made alive by the author of the succession in favor of the heirs or legatees. The amount of the tax so determined shall be deducted the amount of taxes on previous donations, paid according to the amount established by this law. Art. 3 The properties are located in the territory of the Republic are subject to inheritance tax, regardless of the domicile or nationality of the deceased. Art. 4 are not subject to inheritance tax: 1) the immovable and movable places outside the territory of the Republic; 2) receivables not payable in the Republic, or who are not insured on properties in it, or are not on stable contracts counterparts located in the same, or do not rely on contracts between the citizens in the Republic; 3) the furnishings, furniture, and other home furnishings, except for precious objects; 4) the legacies in favor of non-profit organizations with social purposes. Art. 5 The recognized natural children and adopted children are treated for the effects of the setting, the legitimate children. Art. 6 For inheritance each of the heirs is required for all taxes and penalties, unless the decline; legatees are responsible in proportion of the assets of each of them donated. Art. 7 If all the inheritance, or part of it or a related condition were bound, the duty is charged in accordance with existing personal relationships between the author of the succession and the persons to whom the inheritance, in whole or in part, or the tied-up devolverebbero where the condition does not occur, and it is paid by the inheritance with inherited funds and within the limits set by law. Occurring as a result of the condition, it has reformed the primitive settlement on the basis of personal relationships existing relationship between the author of the succession and the heir or legatee, and, as appropriate, you rise to supplement or a refund of the tax difference. The refund must be requested within six months from the day the complaint dell'avveramento state, saving always the heir, from which the first tax had been paid, the right to claim against the heir or legatee affected. Art. 8 If the same goods are, in whole or in part the subject, within the period of two years, the two sequences is applied, n at the normal taxation of the second, the difference any more tax due to that already paid for before. The same benefit is extended to the set of fives. Art. 9 The debt statement, contained in the will are not substantiated by other evidence, they are presumed acts of generosity until proven guilty. Art. 10 The inheritance tax, related to things for which occurs the counting or eviction because of pre-existing opening of the succession and by virtue of a final court decision, shall be refunded if they submit an application within one year the date of the final judgment. Art. 11 Inheritance taxes are paid on the values ​​of the goods declared in claims of inheritance and the ascertainment of the values ​​of real estate is done with the criteria and with the procedure indicated in art. 25 and following of the law of registry. The notification referred to in Article. 27 of that Act is made within 12 months from the payment of inheritance tax. Art. 12 The value of the usufruct of movable and immovable property, the bare ownership and the use and habitation rights, transferred due to death and their taxes are regulated d lle norms
indicated Artt. 11, 12, 15, and 17 of the Registry Act for the taxation of transfers of these rights free of charge. Art. 13 The inheritance tax payable by the heir or legatee, bare owners, decreased by 30 reduction, or 50% at the value of the usufruct taxed charged to the usufructuary. The usufructuary age is documented by a certified or free card issued by the Civil Status, and in the absence of such justification the tax is applied in the most 'advantageous way to the Revenue. No tax is payable for the dell'usufrtto meeting the bare ownership, when it takes place for the usufructuary's death or the expiry of the deadline usufruct. Art. 14 The taxable capital of perpetual and temporary annuities and pensions or annuities is determined with presc standards itte Articles. 18-19 and 20 of the Law of the Register. Art. 15 For the taxation of transfers due to death, enfiteutica nature of the goods, the rules set out in article are observed. 21, the registry Law. Art. 16 Receivables uncertain and those things that can not be immediately assessed, are calculated according to the approximate value proposed by the heir and accepted by the Registrar. Art. 17 For the tax settlement de mortis transfer due are deducted the debt owed by the deceased, the existence of which, on the day of the opening of succession, is conveniently justified with stocks likely to be evidence in court against deceased. bills of exchange when these are found recorded in the books of a credit institution are also allowed as a deduction debts arising. Art. 18 The debts, which the appellant seeks the deduction, must be described in the complaint of inheritance, indicating the date of the act and the name of the attesting notary, or the date of the judgment, or the date of writing and recording private, or the date of the bill. The existence of the promissory debts is justified by a certificate from the Director of Credit, whose signature must be notarized by a public notary. All titles must be attached to the complaint of inheritance with certified copies. Both the copies of titles as the certificates mentioned above are exempt of stamp duty. Art. 19 Every debt that the Conservative judged not sufficiently justified is not deducted from assets of the succession, unless the heir entitled to a refund of unduly paid taxes if, within a period of three years, documents the existence of liabilities. Art. 20 The Registrar, when estimating appropriate, has the fcoltà heir to require the production of the declaration by the creditor credit existence. This dichiaraz one, paper exempt from stamp duty, can not refuse by the creditor under penalty of damages. Art. 21 can not be inferred: 1) the debts overdue more 'than three months of the opening of the succession, unless the creditor has not produced the declaration of art. precedent, which shall att sti subsistence; 2) the debts made by the deceased in favor of his heirs or legatees. However, when the debt is a public deed or a private document registered before death, the heir or legatee has the right to prove the sincerity of the debt; 3) debts recognized with a will, when this is not a public deed or a private document registered before death; 4) debts in principal and interest for which the limitation period has expired, unless they justify the interruption; 5) debts secured on properties located in the east ro. Art. 22 Every statement that has had the effect of undue deduction of a liability is punishable by a fine equal to three times the supplementary tax, with a minimum of L. 5,000. Art. 23 are allowed as deductions funeral expenses author's legacy, as well as last infirmity expenses made in the last six months, if both the ones than the others, to be regularly justified, in accordance with the tax rules and in compliance with the tax receipts. Funeral expenses are permitted under the local customs limits and the Conservative has therefore the right to re URRE the amount of those fees, which would exceed those limits. TITLE II Heritage Complaint - Payment of 'taxes - Penalties - Means to secure the payment of taxes - compulsory procedure - Decision of the judicial disputes and grievances - Requirements. Art. 24 The heirs and legatees, their guardians or trustees are obliged to submit a complaint to the Office legacy of R gistro and Mortgages. This complaint, made on a special form, must contain: 1) an indication of the nature and value of all of the form
part of the sequence with the exact description and location of buildings with cadastral data; 2) a statement showing the donations made in v ta author of the succession in favor of the heirs and legatees; 3) the description of the hereditary liability; 4) the full name of the heirs and legatees, the citiz Ordinance, the residence, the degree of relationship between them and the deceased and the share accruing to each. They must be attached to the complaint, the death certificate of the deceased and the extract of the cadastral lots Realty fallen in succession. In the case of testamentary succession it is attached to an authentic copy of the complaint will. The documents mentioned above are exempt from stamp duty. Art. 25 Even for inheritance tax-free or completely passive submission of the complaint is required for the liquidation of the stamp duty under Article. 19 of the Law and for the collection of tax mortgage transcription and cadastral registration of rights, if there are properties in the axis hereditary. Art. 26 The complaint of inheritance is lodged at the Registry Office within 180 days from the opening of the succession when the deceased died in the Republic, and within 360 days when he died outside the Republic. The amount of taxes paid must be paid to a public registry within 60 days of the expiry of the deadline mentioned above. Art. 27 Those who, by law, are required to presentar instance the Council of Twelve to get permission to appeal to the heritage they must do so within 180 days from the opening of the succession if it occurred in the Republic and 360 if it occurred abroad . The set of five numbers must be paid to the Office of the Register within 60 days from the date of resolution no ration of the Council of the Twelve with which it is granted permission. Art. 28 Failure to submit the complaints, according to art. 26, within the time prescribed, brings as a consequence the application of a fine equal to half of the taxes paid. The monetary penalty is reduced to a tenth of the amount, if the complaints are submitted no later than 60 days after the expiry of that period, but in any case, can not be less than five thousand pounds. Failure to file complaints relating to inheritance tax-free or completely passive, as per art. 25, shall be punished with the application of a fine of L.5.000 Art. 29 When the timing of the art. 26, 27 and 28 are due to expire in days when the offices, available to the official calendar are not open to the public are considered extended to the next working day. Art. 30 The parties referred all'art.27 they provide evidence that the submission of the application to the Council of Twelve in proper terms are subject to a surtax equal to 50% of the amount of liquidated, reduced to 5% if the application is submitted no later than 60 days from the expiry of the aforesaid period. Art. 31 If the payment of inheritance taxes and quintet is delayed beyond the terms of Articles. 26 and 27 it is also due, a surtax of 20% of the taxes paid. Art. 32 Omission of succession property in the complaint shall be punished by the application of a double tax on the value of the omitted assets. It excludes from the application of this penalty if the failure is repaired within 210 days from the opening of the succession with the presentation of a second complaint. That period shall be extended by 180 days when the author of the succession died out Republic. Art. 33 The Registrar of must transmit neiprimi 15 days of each quarter at the Registry Office, on official forms, a list of the deaths occurred in the previous quarter. Art. 34 The heirs or legatees can not sue for everything that is subject to inheritance tax, nor obtain from the Office of the Land Registry the perfecting of goods fell in succession, without being provided proof of payment of taxes established by this Act. Art. 35 The banks, custodians, or holders, for any reason, the cash, securities and objects belonging to the inheritance can not deliver them to the heir or legatee without having given prior participation in the Office of the Register. Offenders are responsible severally with the heir or legatee of taxes and related fines and penalties due. Art. 36 The State has, for inheritance tax and quintet and the resulting financial penalties, a general privilege on the deceased's furniture, with effect from the day of death. All the buildings fell in succession and sites in the Republic are legally mortgaged, with effect from the said day, for inheritance tax and quintet.
Said mortgage is assumed by the Office of Conservative upon liquidation of taxes due and also the office is deleted, after the payment of such taxes. The formalities relating to the registrations and the cancellations of mortgages, recorded in the guarantee of such tax receivables are performed without payment of taxes and duties. The Conservative is dispensed dall'accendere enrollment when the total amount of tax due does not exceed the L. 5,000,000. Art. 37 The compulsory procedure for the collection of financial taxes and penalties brought by this Law and the decision of the court disputes and grievances related to the application of this law shall be governed by the rules set out in Articles. 70, 71 and 72 of the Law of Registry. Art. 38 The action for recovery of pecuniary taxes and penalties established by this law is subject to the following requirements: 1) 10 years from the day of the opening of the succession, for the collection of taxes and penalties on n denounced succession; 2) 5 years from the lodging of the complaint by the action of the tax and penalties payable recovery due to incorrect declaration or certificate of debt; 3) three years from the day of submission of the complaint, when it comes to omissions of goods in the complaints; 4) three years from the lodging of the complaint, to the right of the state to modify the settlement of tax withheld erroneously applied and the right of taxpayers to apply for refunds of amounts paid in more '. Art. 39 This Law shall enter into force on 1 January 1981. Our Residence, this day of 16 November 1981/1681 THE CAPTAINS REGENT Mario Rossi - Ubaldo Biordi THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Alvaro Selva RATE OF INHERITANCE TAX degree of relationship between the deceased and assigns 1) in favor of relatives in a straight line and spouse: up to 1% by L. L. 40,000,000 40,000,001 "" L. 80,000,000 3% from 80,000,001 "" L. 100,000,000 100,000,001 6% from "" L. 200,000,000 12% 200,000,001 from "" L. 500,000,000 500,000,000 18% over L. 20% 2) between brothers and sisters: up to 3% by L. L. 10,000,000 10,000,001 "" L. 20,000,000 20,000,001 5% from "" L. 40,000,000 8% 40,000 001 "" L. 60,000,000 10% from 60000001 "" L. 80,000,000 80,000,001 12% from "" L. 100,000,000 15% 100,000,001 from "" L. 200,000,000 20% 200,000,001 "" L. 500,000,000 25 % over 500,000,000 "" L. 30 3%) between uncles and nephews: up to 5% by L. L. 10,000,000 10,000,001 "" L. 20,000,000 8% from 20,000,001 "" 40,000. 000 L. 10% from 40,000,001 "" L. 60,000,000 60,000,001 12% from "" L. 80,000,000 80,000,001 15% from "" L. 100,000,000 100,000,001 20% "" L. 200,000,000 25% 200,000,001 "" L. 500,000,000 500,000,000 30% over L. 35% 4) between uncles and great-grandchildren: up to 8% by L. L. 10,000,000 10,000,001 "" L. 20,000,000 20,000,001 10% from "" L. 40,000,000 40,000,001 12% from "" L. 60,000,000 60,000,001 15% from "" L. 80,000,000 20% from 80,000 .001 "" L. 100,000,000 25% 100,000,001 "" L. 200,000,000 30% 200,000,001 "" L. 500,000,000 35% 500,000,000 L. than 40% 5) among other relatives or strangers: up to 10% by L. L. 10,000,000 10,000,001 "" L. 20,000,000 20,000,001 12% from "" L. 40,000,000 40,000,001 15% from "" 60,000,000 L . 18% from 60,000,001 "" L. 80,000,000 80,000,001 22% from "" L. 100,000,000 30% 100,000,001 "" L. 200,000,000 35% 200,000,001 "" 500,000. 000 W. 45% over 500,000,000 L. 50% RULES fOR tHE APPLICATION oF tHE LAW oN TAXES oF SUCCESSION Art. 1 the presentation of heritage complaints is made result from the following statement to be attached to the register of formalities and distinct with many subordinate : "Report of NN heritage, died this day of .......... ranked Vol ............ N .......". Art. 2 The complaint consists of inheritance, right Article. 24 of the Law on inheritance tax, for a detailed statement of Property and other objects falling in succession and is done on a special printed predis osto from government. The description of the property is made separately for each parish in which are located coll'esatta goods indication of all data with which the goods themselves are found listed in the Land Registry. For each asset must be denounced declared its value. Art. 3 And 'duty of the Registrar to make a careful examination of the complaints lodged, taking care that they fulfilled all of the law, so much as to the form, as to the adequacy of the values, the eligibility of expenses, to the demonstration of the degree of kinship , citizenship, date of death, the residence of the heirs or legatarie as finally, presentation and regularity by supporting documents. Art. 4
The accuracy of the complaints of inheritance is established by appropriate research to be done by the Conservative in cadastral and mortgage registers. Art. 5 The settlement of the tax is made on the complaints and therefore must be reported on the appropriate registry riscos ion for inheritance tax, which is used also for the reservation of the various penalties imposed by the law on inheritance taxes. Art. 6 The complaints heritage must be preserved and collected in files or volumes together with its attachments, including copies of the testaments of which mention art. 24 of that Act. E 'given a sequential number for each complaint and each set or volume, which must be accompanied by an index d to maintain a continuing. Art. 7 from hand to hand that receives the lists of the dead, prescribed by art. 33 of the Law on inheritance tax, the Registrar shall note down the day of the presentation, by charging, in case of delay or default, the state official incurred the fines. Art. 8 On the lists of the dead must be noted tut denunciations of heritage hand in hand to appear before the Office. Art. 9 For lots of lists of the dead, for which the research done in the Land Registry or in registers mortgage, resulted of the activities, the Registrar, after the period referred to in Article. 26 of the Law, must complete an Office complaint and must act for the recovery of taxes and surcharges. The complaints compiled office must be classified and stored in the files or volumes referred to in Article 6 in conjunction with other complaints of inheritance. Art. 10 The complaints of inheritance, including those compiled office shall be entered in alphabetical order in the appropriate Recording or who has to have the name of "the inheritance denunciations General Index". Art. 11 This Regulation shall supersede any previous in the field and comes into force on 1 January 1982.