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Inheritance Tax

Causa Mortis
 
Causa Mortis relates to the succession of immovable property from a deceased person. The succession of immovable property must be made by means of a deed of Declaration Causa Mortis published by a Notary Public and duly registered in the Public Registry of Malta.
 
Each heir may go to a Notary Public and make a declaration Causa Mortis for his share only. The heirs are not obliged to make the declaration Causa Mortis together. The declaration Causa Mortis shall contain a statement by the heirs stating the true value of each property or share thereof which is being transferred to them.
 
Stamp duty to be paid on declarations Causa Mortis is regulated by the Duty on Documents and Transfers Act. To benefit from rebates on stamp duty, a deed of Causa Mortis must be concluded within six months from the date of death. Failure to conclude the Causa Mortis deed within one year from the date of death will result in the incurring of interest on the amount of tax due at the rate of 8% per annum.

 

As in transfers made by way of Inter Vivos, Causa Mortis transfers are also subject to the usual vetting by the department’s assessors and an internal departmental board to establish the correctness of the workings and the values attributed to the immovable property being transferred.