SUCCESSIONS – taxpayer relief – emergency Covid 19

The so-called “Cure Italy” decree (Decree Law No. 18 of March 17, 2020 – Measures to strengthen the National Health Service and provide economic support for families, workers and businesses related to the epidemiological emergency from COVID-19) is one of the main urgent measures aimed at addressing the health emergency. The decree aims to enable citizens, businesses, employees and the self-employed to counter economic and social hardships related to the spread of the COVID-19 pandemic.

Among the measures planned and adopted following the issuance of the aforementioned decree is the suspension of certain obligations and payments, as well as the postponement of certain deadlines for taxpayers.

Specifically, Article 62(1) of the “Cure Italy” decree introduced a blanket provision for the suspension of tax obligations. Of particular interest appears to be the provision that during the period between March 8 and May 31, the due dates for fulfillments were suspended with the consequent extension of the date for their fulfillment, to June 30, without the application of any penalty. This is because among the tax obligations extended is the deadline for filing the inheritance tax return.

THE decree does not expressly provide an extension for the submission of the declaration of inheritance, the ordinary deadline for which is 12 months from the date of death, as stipulated in Art. 31 of the Consolidated Law on Succession (Legislative Decree No. 346 of Oct. 31, 1990). Therefore, if the deadline for submission of the declaration falls between March 8, 2020 and May 31, 2020, compliance can be made by June 30, 2020.

Moreover, the “Cure Italy” decree stipulates that a taxpayer who avails himself of the aforementioned suspension is not required to pay mortgage, cadastral and other indirect taxes as long as he does not submit the declaration.

Conversely, if the taxpayer, despite the benefit of the suspension, intends to file the declaration of inheritance, he or she will, of course, be required to pay the mortgage and cadastral taxes and indirect taxes resulting from the filing.