The new rules on taxation of inheritance division: what changes with the D.Lgs. 139/2024

Legislative Decree no. 139/2024 introduced important changes to the taxation of inheritance

divisions. Study no. 120-2024/T of the National Council of Notaries analyses in detail these

changes and their practical implications.

Main new features introduced

1. Inclusion of donated property in the estate

One of the most significant aspects of the reform concerns the recognition, for tax purposes, of the collection of assets donated by the deceased to heirs obliged to collect (art. 737 and ss of the Civil Code). Before the change, the institution of collation was difficult to apply, since there were no clear and sufficient directives. With D. Lgs. 139/2024 has been defined in a clear way the procedure and the taxation foreseen for the operations of collation.

2. Taxation of balances

The principle of taxation of equalities remains unchanged: if an heir receives goods for a value greater than his share of the right by more than 5%, the surplus is subject to registration tax. The applicable rates remain the same. However, by including the donated assets in the calculation of the estate, there are fewer cases where taxable balances arise and distortions in the tax treatment of heirs are avoided.

3. Collation as a non-translational phenomenon

Another important clarification concerns the collection in kind, that is the return of donated goods to be divided among the heirs. The decree confirms that this transaction is not considered a transfer for tax purposes and does not give rise to further taxation. This eliminates the risk of double taxation and promotes a more equitable management of successions.

Practical implications of the reform

The changes introduced by D.Lgs. 139/2024 represent a step forward in the rationalisation of

taxation of inheritance divisions. The main effects of the reform are:

• Reduction of unjustified taxation: by including donated assets in the calculation of the estate,

heirs are prevented from having to pay taxes on non-existent estates.

• Clarity on taxes due: the new legislation clarifies that in-kind settlements do not generate

taxable transfers, avoiding uncertainties and litigation.

The reform introduced by D.Lgs. 139/2024 represents an important evolution in the taxation of

inheritance divisions. The new system ensures greater fairness and reduces the risk of excessive tax burdens on heirs, by meeting the demands of the Notaries' Office and recent case law. Thanks to these changes, the process of inheritance division is more transparent and consistent with the principles of inheritance law.

Practical example

Tizio, a widowed father, dies leaving two children, Caio and Sempronio. During his life he gave Caio a real estate in the mountains. At the time of death, the only hereditary property is a house by the sea. So, the house at the sea would remain property for 1/2 of Caio and 1/2 of Sempronio. Caio and Sempronio agree that the entire property of the house at the sea belongs to Sempronio, since Caio received by donation the one in the mountains.

How it would have been done before clarification:

The house by the sea, divided in equal parts between Caio and Sempronio, would remain for 1/2 each. If the brothers had wanted to assign the whole house at the sea to Sempronio, Caio would have had to sell his half to Sempronio, generating transfer taxes.

How to proceed after clarification:

The house that Caio received as a donation from his father is put back into the inheritance fund, according to the law of collection. At that point, the house by the sea would be destined to Sempronio and the house in the mountains to Caio, without the need to proceed to fictitious sales. The decree confirms that this transaction is not considered a transfer for tax purposes and does not give rise to further taxation.