When an entrepreneur or a self-employed professional passes away, their heirs must pay up to 30% in inheritance tax on the established claim in their current account (C/C) within the company.
To avoid these costs, it is possible to gift this claim to their children. However, this usually requires going through a notary and paying gift taxes.
To avoid these expenses, one technique involves entering into an agreement with the company so that it pays a determined amount to a third party (such as the children) at a specified time and under certain conditions determined by the donor. As a result, a new right of claim arises in favor of the children, which is considered an indirect gift.
This method is exempt from tax, but there is a three (or five) year waiting period for inheritance tax purposes.
This technique is recommended to avoid high inheritance taxes on claims in the current account.
