Unification of gift and inheritance taxes and the protection of taxpayers – the inheritors and recipients of donations

Abstract

Gift and inheritance tax in the European Union Member States is calculated and charged in numerous ways. In the majority of countries of the European Economic Community it constitutes a separate tax. In several countries it is not charged at all or is part of the income tax. Despite the attempts made by the European Commission to unify the legislation of the Member States in this regard, there has been no success. The article presents the above-mentioned attempts of the European Commission, their results and consequences. It identifies the methods of avoiding a double or even triple taxation on cross-border inheritances or donations. This is of crucial significance also to the Polish citizens who demonstrate higher and higher investment activity in the countries of the European Economic Community and third countries.

Keywords

• unification of the legislations of the European Union Member States
• cross-border inheritance
• cross-border donation
• free movement of capital and payments
• freedom of establishment
• freedom of movement for workers