Can the inheritance tax be calculated if I receive inheritance and gift consultation?

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inheritance and gift consultation

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作者: 김국일

If you proceed with inheritance and gift consultation, the inheritance specialist attorney will provide consultation not only on inheritance tax calculation but also on the entire legal procedures related to inheritance.

The inheritance tax is not calculated by directly applying the tax rate to the total amount of property, but is calculated step by step in the order prescribed by law.

Therefore, to confirm the accurate tax amount, it is necessary to understand the calculation structure and organize the materials.

The calculation of inheritance tax proceeds with the following procedures.

1) Confirmation of the scope of inherited property

All assets of the decedent, including real estate, deposits, and stocks, are evaluated.

2) Calculation of taxable amount

From the asset value, debts, public charges, and funeral expenses are deducted, and pre-gifted assets are added.

3) Calculation of tax base

The tax base is calculated by applying inheritance deductions (basic deduction, spouse deduction, etc.).

The inheritance tax is calculated with the following structure.

Tax base = Inherited property value + Pre-gifted property + Estimated inherited property - Debts/funeral expenses, etc. - Inheritance deduction

Inheritance tax = Tax base × Tax rate - Progressive deduction

4) Tax amount calculation

The inheritance tax is calculated by applying the progressive tax rate to the tax base.

In this process, pre-gifted property or funds with unclear use may be included in the taxable amount, increasing the tax amount, and the final tax may vary greatly depending on whether deduction items such as spouse deduction or lump-sum deduction are applied.

In inheritance and gift consultation, you can simulate the expected tax amount by reflecting these factors and review whether tax saving is possible.

Particularly when the size of the property is large or there are pre-gifts, there may be a difference between the expected tax amount and the actual tax amount, so prior review is important.

In conclusion, the inheritance tax calculation through inheritance and gift consultation is sufficiently possible, and depending on the property structure and deduction application, you can also design the direction to reduce the tax burden.

If necessary, it is desirable to confirm the accurate tax amount and procedures in advance through consultation with an inheritance specialist attorney.