Inheritance Tax: What You Must Know

In 1985, India’s taxation system abolished inheritance tax, a tax levied on inherited assets.

However, recently, there have been talks about reintroducing the tax due to apprehensions about the increasing concentration of wealth and economic inequality.

This comprehensive guide will walk you through everything you need about inheritance tax, including its definition, types, calculation methods, income tax implications, and the taxation of income earned from inherited assets.

What is an Inheritance Tax?

When an individual passes away and their assets and properties are transferred to their beneficiaries, the government levies a tax known as an inheritance tax.

The tax is imposed on the wealth that is passed down to heirs and can significantly impact the estate’s value. Tax authorities typically calculate the tax based on the net value of the estate, exceeding specific thresholds.

Inheritance tax rates may vary depending on factors such as the relationship between the deceased and the beneficiary, the value of the estate, and the jurisdiction in which the transfer occurs.

The main aim of inheritance tax is to generate revenue for the government and promote social equity by redistributing wealth. It prevents the concentration of assets among a small percentage of the population.

Types of Inheritance Tax

Transfer Succession Will: The transfer of assets and properties according to the terms outlined in a will is known as testamentary succession.

A will is a written declaration made by an individual that specifies how they want their assets to be distributed after their death.

It enables the testator (the person making the will) to appoint beneficiaries, describe the allocation of assets, designates executors to manage the estate, and may also include other instructions such as guardianship arrangements for minor children.

Intestate Succession (Without a Will): When an individual dies without a valid will or their will does not cover all their assets, the distribution of their estate is determined by the laws of intestate succession.

These laws vary depending on the jurisdiction and outline a default distribution scheme based on the deceased person’s marital status, family relationships, and the presence of surviving relatives. Intestate succession occurs when such laws are invoked.

It may result in the assets being distributed among heirs based on a predetermined hierarchy such as spouse, children, parents, siblings, and so on.

Gifts and HUF (Hindu Undivided Family) Partition:

Gifts: Gifts are the transfer of property or assets from a donor to a donee without any consideration or payment in return.

The transfer can occur during the donor’s lifetime (inter vivo gifts) or through a will (testamentary gifts).

Tax implications may arise for both the donor and the donee depending on the value of the gift and the jurisdiction in which it occurs.

HUF (Hindu Undivided Family) Partition: A HUF or Hindu Undivided Family is a lawful entity acknowledged under Hindu law comprising members who are lineal descendants of a shared ancestor, along with their unmarried daughters and spouses.

This joint family unit owns the ancestral property and functions accordingly. When assets and properties are distributed among HUF members, it is referred to as HUF partition.

The partition can either be complete or partial, and it includes the separation of individual portions of the family property to enable each member to hold their share independently.

Joint Ownership and Nomination:

Joint Ownership: Joint ownership is a term used to refer to the possession of property or assets by two or more individuals, where each owner holds an undivided interest in the property.

There are two common forms of joint ownership- joint tenancy and tenancy in common. The former usually involves the right of survivorship, whereby if one owner passes away, their share of the property automatically transfers to the surviving owner(s).

Tenancy in common, on the other hand, enables each owner to nominate beneficiaries for their share of the property in their will.

Nomination: Nomination is a procedure where an individual selects a nominee to receive specific assets or benefits upon their passing.

It is commonly employed in financial instruments such as bank accounts, insurance policies, and investments.

The nominee is designated by the policy or account holder and may be a trusted individual, family member, or friend. Nomination facilitates the seamless transfer of assets to the nominee without the need for probate or legal formalities, simplifying the inheritance process for the beneficiaries.

Calculating Inheritance Tax

Calculating inheritance tax usually involves a sliding scale approach, where the tax rate is applied to the portion of the inheritance amount exceeding a specific exemption threshold.

The level of exemption and the tax rate depend on the degree of relationship between the deceased and the beneficiary.

In India, unlike some other countries, there is no inheritance tax levied on the inheritance amount. However, beneficiaries who sell the inherited assets may be subject to capital gains tax.

Tax and Legal Implications

Transferring property, whether it’s by gifting or inheriting, has noteworthy legal and tax implications that individuals should consider. It’s essential to understand the differences between the two scenarios and how they impact income taxes, capital gains tax, and other legal aspects.

Gifted Property

In the case of gifting a property, income taxes and capital gains tax are generally not applicable, as long as the donor and the recipient are not classified as relatives under the Income Tax Act.

If the donor and the recipient are not related, the recipient is typically subject to tax at their applicable ordinary rates.

However, it’s important to note that gifts are subject to an exemption limit, with amounts up to ₹50,000 usually exempt from taxation. Moreover, depending on the state where the property is located and the type of gift, stamp duties may be applicable for gifts such as real estate or shares.

Inherited Property through a Will

In India, there is no inheritance tax, which means that individuals inheriting assets through a will are not subject to direct taxation on the inheritance itself.

However, the tax and legal implications differ when a property is gifted. In the case of gifting a property, income taxes and capital gains tax are generally not applicable, as long as the donor and the recipient are not classified as relatives under the Income Tax Act.

If the donor and the recipient are not related, the recipient is typically subject to tax at their applicable ordinary rates.

Challenges Faced

• Complexity: Inheritance tax systems can be incredibly intricate and vary across different jurisdictions. They often have different rates, thresholds, exemptions, and rules that can make it challenging for individuals and families to understand their tax obligations.
  This complexity can pose a significant challenge when it comes to effectively planning their estates.
• Valuation Issues: Valuing assets for inheritance tax purposes can be quite difficult, especially for assets such as real estate, investments, and business interests that can have fluctuating values.
  The difficulty in valuation can sometimes lead to disputes between taxpayers and tax authorities, resulting in prolonged legal battles and uncertainty.
• Cash Flow Problems: Inheritance tax liabilities typically arise from the transfer of illiquid assets, such as real estate or family businesses, which can lead to cash flow problems for beneficiaries.
  Unlike income taxes which are typically paid out of regular income, beneficiaries may need to sell assets to cover their tax obligations.
• Inter-Generational Wealth Transfer: Inheritance tax can have implications for inter-generational wealth transfer dynamics within families. High tax rates or insufficient exemptions may prompt individuals to employ tax planning strategies to minimize their tax liabilities.
  This can potentially lead to unequal distribution of wealth among heirs and exacerbate existing wealth disparities.
• Compliance Burden: Administering and complying with inheritance tax laws can be a burden for executors, administrators, and beneficiaries.
  The process often involves complex paperwork, asset valuations, and tax calculations, which may require professional assistance to ensure compliance with legal requirements and deadlines.

To Sum Up

The ongoing debate on the reintroduction of inheritance tax in India highlights the importance of considering various factors when it comes to estate planning and wealth transfer.

Managing the complexities of inheritance tax systems, addressing valuation issues, and handling compliance burdens pose significant challenges for individuals and families.

Nonetheless, with careful planning and expert guidance, it is possible to understand these challenges effectively and ensure a seamless transfer of assets while maximizing tax efficiency.

At Save Max, we prioritize accuracy and reliability in every piece of information we share, making us a trusted source for all your real estate needs. As a leading brokerage company in India, we offer a diverse portfolio of projects and properties across major cities, including Delhi, Gurgaon, Noida, Bangalore, Pune, Kolkata, and Chandigarh.