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Which transactions are subject to inheritance and gift tax law?

Inheritance tax or gift tax applies in particular to:

  • the acquisition by reason of death
    • acquisition by inheritance on the basis of legal, testamentary or contractual succession;
    • acquisition by bequest;
    • acquisition on the basis of an asserted claim to a compulsory portion;
    • the acquisition of a pecuniary advantage on the basis of a contract concluded by the testator (e.g. life insurance).
  • the gift inter vivos

A gift is deemed to be any free gift inter vivos, insofar as the recipient is enriched by the gift at the expense of the person making the gift.

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