Declaration of succession in Italy

The declaration of succession to the Agenzia delle Entrate must be submitted within 12 months of the death.

This obligation applies both to Italian heirs and to foreigners residing in Italy. For a foreigner, however, various doubts may arise linked not only to bureaucratic aspects, but also to fiscal implications.

If an heir is a person residing abroad, it is important to understand where the succession is to be declared. In general terms, the declaration is to be submitted in Italy, to the Agenzia delle Entrate competent for the place where the deceased had residence at the moment of death.

However, for those who reside abroad and are not familiar with Italian procedures, the assistance of a lawyer for the deed of succession becomes crucial. Boschetti Studio Legale is able to guide the client through every step, managing matters at a distance and ensuring that all formalities are respected.

For foreign heirs who do not have a tax code, it will be necessary to request it in order to proceed with the declaration. This process may seem complicated for those who are not used to Italian bureaucracy, but our Studio Legale offers assistance also in these preliminary phases, facilitating the request for the tax code through the appropriate channels and giving valid instructions for the declaration of succession.

Foreign heirs must address some specificities that do not concern Italian citizens, especially when they do not possess an Italian tax code, or when they live abroad, for which it is important to understand where the succession is to be declared for the foreign heir.

The declaration of succession for foreign heirs without a tax code requires the production of additional documents. It is fundamental to request the tax code as soon as possible, since it is an essential requirement for the declaration.

The Agenzia delle Entrate requires that the code be attached to all succession documents, for this reason it is necessary to avoid delays that could entail sanctions.

Furthermore, Italian law provides that all heirs, even if residing abroad, have the same fiscal and legal obligations as an Italian citizen.

For this reason, it is essential that all legal aspects, such as the acceptance or renunciation of the inheritance, be followed with attention. Sometimes, the best solution is to accept the inheritance with benefit of inventory, an option that allows limiting liability for the debts of the deceased to only the inherited assets. Even in this case, it is advisable to rely on a law firm specialised in succession matters such as Boschetti Studio Legale, capable of providing complete and accurate advice on the costs for inheritance with benefit of inventory and on all legal implications.

A non-EU international succession occurs when at least one of the Countries involved does not belong to the European Union, as happens, for example, in successions concerning Italy and Countries such as the United States or Australia. In these cases, the applicable regulations differ significantly from those adopted in the European context and provide for specific regulations that make an in-depth and personalised approach necessary.

Here are some concrete examples of non-EU international succession:

• Succession between Italy and the United States: In a situation in which an American citizen with habitual residence in Italy leaves properties both in Italy and in the United States, there are complex aspects linked to the different US regulation, where inheritance law varies from State to State. Boschetti Studio Legale assists the client to ensure that the patrimony is transferred according to Italian law and recognised in the United States, taking care of the documentation necessary to obtain recognition of succession rights in each State involved.
• Succession between Italy and Australia: In case of assets inherited between Italy and Australia, similar issues arise. For example, if an Italian citizen residing in Italy leaves real estate in Australia in inheritance to their children, it will be fundamental to coordinate Italian regulations with Australian ones to avoid double taxation and differences in the calculation of succession rights. Our team of experts elaborates all the procedures necessary to obtain the transfer of ownership in Australia, assisting Italian heirs in the formalities and requests to be submitted to Australian authorities.

It must be remembered that one of the most common problems in non-EU successions is double taxation, that is to say the risk of paying inheritance taxes both in Italy and in the non-EU Country where the assets are located. For example, in the case of a succession between Italy and the USA, Boschetti Studio Legale verifies the possibility of applying any bilateral agreements between the two States to avoid double taxation. These treaties often provide for exemptions or tax credits, which our Studio Legale can help to obtain to reduce the tax burden for the heirs.