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Old 13.01.2020, 13:39
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Anyone knowledgeable about Genevois succession tax?

I am an executor of my cousin's will. She died in 2011 with no close family and left estate in the UK, Spain and France.
The French & Spanish succession taxes were paid in 2012-13 at around 60%.
I am close to finalizing the UK estate.
The Genevois authorities now appear to want to 'double tax' the Spanish and French estates. This does not seem fair to me. Has anyone else experienced this?
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Old 13.01.2020, 14:19
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Re: Anyone knowledgeable about Genevois succession tax?

Sorry for your loss.

She was a resident in Geneva?

Swiss rules are normally:
Real estate is taxed according to rules of the place where the real esate is located.
All other assets are taxed according rules of the place of last residence of the deceased.
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Old 15.01.2020, 00:33
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Re: Anyone knowledgeable about Genevois succession tax?

Yes, domiciled in Geneva and we need to pay Genevois succession tax. But they also want to tax her French assets for which 60% tax has already been paid to the French authorities
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Old 15.01.2020, 15:57
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Re: Anyone knowledgeable about Genevois succession tax?

As said, the Swiss point of view is that they have the right to tax any non-real-estate assets anywhere in the world.

There is a special double taxation treaties with the UK regarding inheritances taxes.
One from 1956 https://www.admin.ch/opc/fr/classifi...099/index.html
and one from 1993 https://www.admin.ch/opc/fr/classifi...373/index.html


There was an old double taxation treaty with France from 1953, which according to Art. 32 of the new treaty from 1966 was still valid in regard of inheritance tax. But, in 2013 a new treaty was drawn up. Unfortunately, the new treaty was not ratified by the Swiss parliament. Uppon which France canceled the treaty from 1953. Which means the is no current double taxation treaty regarding inheritance tax between France and Switzerland.
https://www.efd.admin.ch/dam/efd/de/...H_d-Archiv.pdf

Regarding Spain, there does not seem to be a treaty regarding inheritance tax.
https://www.estv.admin.ch/estv/fr/ho...r/spanien.html

With Spain and France, the best you can hope is foreign tax credits. And that you have looked that non-domicile rules were applied in Spain and France.
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Old 15.01.2020, 18:08
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Re: Anyone knowledgeable about Genevois succession tax?

Acknowledged with thanks
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Old 16.01.2020, 19:18
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Re: Anyone knowledgeable about Genevois succession tax?

Without a treaty there can easily be a conflict of domicile (see the Richard Burton case, his choice of Welsh burial deemed him U.K.-domiciled at death). The UK often double-taxes decedents’ estates. Ex gratia they accept Canadian capital gains tax on deemed sale at death as a reduction of taxable estate—not as creditable tax (compare US-UK estate tax credit). Thus is not a DIY affair I’m afraid. Ned Green’s (son of Hetty Green) estate got to the US Supreme Court only because with 5 states claiming tax the total tax exceeded 100% of his estate.
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Old 16.01.2020, 19:26
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Re: Anyone knowledgeable about Genevois succession tax?

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Without a treaty there can easily be a conflict of domicile (see the Richard Burton case, his choice of Welsh burial deemed him U.K.-domiciled at death). The UK often double-taxes decedents’ estates. Ex gratis they accept Canadian capital gains tax on deemed sale at death as a reduction of taxable estate—not as creditable tax (compare US-UK estate tax credit). Thus is not a DIY affair I’m afraid. Ned Green’s (son of Hetty Green) estate got to the US Supreme Court only because with 5 states claiming tax the total tax exceeded 100% of his estate.
Richard Burton is buried in Celigny, a Geneva commune. Close to Alister Maclean.
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Old 16.01.2020, 19:37
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Re: Anyone knowledgeable about Genevois succession tax?

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Richard Burton is buried in Celigny, a Geneva commune. Close to Alister Maclean.
He died there, too (well, not in the cemetery, but in Céligny, where he had been living (for tax reasons) for 27 years before his death).
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Old 16.01.2020, 19:48
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Re: Anyone knowledgeable about Genevois succession tax?

You are welcome to go and see his grave, it is in the ‘old cemetery’, not the new one where the turf us out after 50 years.
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