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An inheritance between brother and sister can be tax exempt

2024-02-22T12:01:26.250Z

Highlights: An inheritance between brother and sister can be tax exempt. A Paris court has just ruled in favor of a brother to whom the tax authorities had refused the exemption. To be exempt from inheritance tax within siblings, the heir must be single, widowed, divorced or legally separated, and must be over 50 years old or affected by infirmity and domiciled with the deceased for the five years preceding the death. This exemption is very interesting since the inheritance taxes to be paid between brother or sister go up to 45% of the amounts received. To prove that he lived with his sister... This article is reserved for Le Particulier subscribers.


The Paris court has just ruled in favor of a brother to whom the tax authorities had refused the exemption from inheritance tax provided for in the event of cohabitation within siblings.


After the death of their sister, a brother and a sister filed the inheritance declaration.

Three years later, the tax administration contested the exemption from which the brother had benefited from his cohabitation with the deceased and ordered him to pay 1.6 million euros in inheritance tax.

A complaint was filed to contest the inheritance tax requested, but the administration having not responded, the heir had no other choice than to summon the tax authorities in order to obtain relief from the duties to be paid.

From 45% taxation to zero

To be exempt from inheritance tax within siblings, the heir must be single, widowed, divorced or legally separated, and must be over 50 years old or affected by infirmity and domiciled with the deceased for the five years preceding the death (CGI, art. 796-0 ter).

This exemption is very interesting since the inheritance taxes to be paid between brother and sister go up to 45% of the amounts received.

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To prove that he lived with his sister...

This article is reserved for Le Particulier subscribers.

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Source: lefigaro

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