Inheritance law /

Higher inheritance and donation tax reliefs

It is better to wait with a donation

According to the provisions of the Inheritance and Donation Tax Act, the amount of tax depends on which tax group the purchaser falls into. The lowest tax will be paid in the first group (which includes the spouse, descendants, ascendants, stepchildren, son-in-law, daughter-in-law, siblings, stepfather, stepmother and in-laws), where the tax-free amount is currently PLN 10 434, and after the changes will increase to PLN 36 120. In the second (inter alia, descendants of siblings, siblings of parents, descendants and spouses of stepchildren, spouses of siblings) and third (other unrelated persons) tax groups, the tax-free amount will increase from PLN 7 878 to PLN 27 090 and from PLN 5 308 to PLN 18 060, respectively.

As can be seen from the above, it is better to wait when planning donations in the near future. For the acquisition of things or rights before 1 July 2023, we will apply the old regulations (i.e. lower reliefs).

Donation in the zero group

According to the regulations, we will not pay inheritance and donation tax in case of a donation or inheritance to a spouse, descendants, ascendants, stepchildren, siblings, stepfather and stepmother. When the value of the acquired property does not exceed PLN 36 120 (currently PLN 10 434), it does not have to be reported to the Tax Office. For higher amounts, such an event must be reported within six months via SD-Z2 form.

Aggregation over five years

As the law currently stands, when calculating the limit, it is necessary to add the value of the assets acquired from the person in the last five years. After the amendment, it will be necessary to add up donations and inheritances received from different persons in the same tax group. The exemption limit in the last five years for donations and inheritances from multiple persons will be PLN 108 360 in the first group. In the second it will be PLN 81 270 and in the third PLN 54 180.

Author team leader DKP Legal
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