Causa Mortis
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Causa Mortis

Last Updated: 18/09/2020


1)    A relative departed, do I need a notary?
If the deceased had any immovable property or shares in a Limited Liability Company then you must visit your Notary, otherwise there is no need to go to your notary.
2)    I inherited a property, what shall I do next?
A public notary has to be engaged to draw a public deed on the transfer of property from deceased to the heirs.
3)    How much is the tax/duty on Causa Mortis.
5% on immovable property. However, there are exemptions and rebates one has to consider when calculating duty on causa mortis. This has to be worked out by a Notary
4)    Surviving spouses do not pay duty on their share of the house of residence.
As of 01/01/2013, property inherited by children which has been used as residence by their parents for the last three years, is exempt from duty, on the condition that the deed is made within one year from the death of the deceased. If one year elapses, taxes are to be charged. That is, there is an exemption of the first €35,000 for a full share and the remaining is charged at 5% per each heir.
On all immovable property there is a rebate of €250 if the total duty of each heir does not exceed €2300 and the deed is made within six months of the death of the deceased.
If heirs live in any one of the property inherited the first Euro 175,000 is charged at 3.5%.
In the case of usufructuaries, stamp duty is worked out according to their age.
5)    What are the interests on late causa mortis deed.
After the lapse of one  year, there is an 8% interest on the duty due for each year. For causa mortis transfers which took place from 1st January 2020, the interest rate is 4% per annum.