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Publication date: 19.02.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Recently, the President initiated the extension of martial law on the territory of Ukraine. These events of the full-scale invasion affected various spheres of social life. The sphere of inheritance law was no exception. Along with this, many have a question regarding inheritance taxation. We will talk about the main nuances in this article. And if you need the help of lawyers or attorneys in inheritance law, contact the "Consultant" legal marketplace, whose specialists will be able to provide qualified assistance and provide answers to urgent questions, in particular, such as: requests by counsel, failure to respond to requests by counsel deadlines for responding to requests by counsel because the requirements for requests by counsel or an answer to a lawyer's request is extremely important in the field of inheritance issues and disputes and responses to requests by counsel.
So, first of all, it should be said that inheritance should be understood as the procedure for the transfer of rights and obligations from the person who died (the testator) to his heirs. Such a procedure is possible either on the basis of the law or on the basis of a will.
It should be said that there is no specific and clearly defined inheritance tax, but the inheritance itself will be taxed at such rates as: zero percent, five percent or eighteen percent. The existence of a testamentary or statutory inheritance procedure does not affect the rate of such tax. However, it is worth noting that the Tax Code of Ukraine provides for a zero tax rate for those heirs who have the first or second degree of kinship with the testator. They can be his children, also adopted or born after the death of such a testator. This category also includes one of the spouses and parents of the deceased.
The second degree includes sisters and brothers of the deceased who are relatives, grandparents and grandchildren. It should also be determined that the rate of five percent of personal income tax will be set for those heirs who do not belong to the first two degrees. And the rate of eighteen percent will be assigned to those persons who receive inheritance in the form of any object of the inheritance itself, but on the condition that the deceased person-heir was a non-resident. In addition, the same rate is set for any property of the testator who was a resident, provided that the testator is also a non-resident.
In this case, the tax at this rate of eighteen percent will have to be paid even without taking into account the degree of kinship with the deceased. An important nuance is also the understanding of the issues of declaration of inheritance. According to the current tax legislation, those persons who received property as an inheritance and paid a tax at the rate of five or eighteen percent are obliged to submit reports on this in the form of a tax declaration, in which the property status and income status of the person is determined.
On the other hand, those persons who belong to the first or second degree of kinship and are subject to the taxation of ul interest, have the right not to submit such a property declaration for this reason. In addition, the heirs must also pay the military levy, which has a fixed rate of one and a half percent. This obligation applies to all persons who receive an inheritance except those heirs for whom the tax rate of zero percent is determined. In this way, it is possible to draw a legal conclusion that in case of inheritance, one should also remember the tax obligations of the heirs, the tax rates of which depend on various factors and circumstances.
