Simplifying the sale of inherited wealth- changes to inheritance and gift tax

28 July 2025 a bill amending the rules on inheritance and gift tax has gone to the President. The new legislation removes the obligation to present a certificate of tax settlement in certain cases– an end to one of the more onerous formalities.

Why was an official certificate required to sell the inheritance?

Under previous legislation, the sale or encumbrance of an item or right acquired by inheritance required the transferor to present a certificate from the tax office to the notary confirming that there was no outstanding inheritance and gift tax.

In other words, if one wanted to sell or encumber inherited or donated property, one had to first obtain the relevant certificate from the tax office. Without this document, the notary could not proceed. The objective was simple: the tax authorities wanted to ensure that no one disposed of their property before paying their obligations to the state.

What conditions exempt you from the obligation to present a certificate?

According to the proposed changes, persons acquiring a thing or a right will no longer have to present a certificate of non-receipt of inheritance and donation tax if one of the following conditions is met:

• the acquisition of the property or property rights being disposed of or encumbered took place on the basis of a contract concluded in the form of a notarial deed.
• the acquisition took place from a person belonging to the closest family.

The draft amendment to the act aims to significantly simplify the existing procedures by eliminating unnecessary and time-consuming formalities. By introducing the above solutions, the process of trading in inherited or donated property will become smoother and more taxpayer-friendly. Giving up some of the formalities will speed up the process and reduce the costs for those involved in trading.

Certificate unnecessary, but inspection remains

At the same time, the new regulations will not reduce the level of protection of the state’s fiscal interests– adequate safeguards will remain in place to prevent tax evasion and ensure correct tax settlements. It should be emphasised that a notary is a payer of inheritance and donation tax, among other things, in a situation where the donation has just been made in the form of a notarial deed.

This means that without the payment of the tax due, the drawing up of such an agreement would not be possible. Moreover, even in situations where the notary does not act as a tax payer, the tax office has full information about the concluded agreement. As a result, the obligation to present an additional certificate loses its justification from the point of view of the effectiveness of tax supervision.

Why does property acquired before 2007 still require certification?

It should be noted that the exemption from the obligation to present a certificate from the tax office will only apply to cases of disposal of assets acquired free of charge after 1 July 2007.- i.e. from the time when the exemption from inheritance and gift tax for immediate family members took effect. For assets acquired before this date, the existing rules will remain in force and the notary will still be obliged to request a certificate confirming the absence of tax arrears.

Not sure if your situation requires a certificate from the tax office?
Contact us to assess your obligations and avoid unnecessary formalities.