How to inherit Hong Kong's heritage

1. Get the death certificate of the deceased. If the deceased dies in the Mainland, a notarized death certificate must be provided.

2. Investigate and count the property left by the deceased. Including the record and value of the property in the name of the deceased, the principal and interest of the property in the bank deposit and safe, the shares and value of listed companies and private companies held by the deceased, and the debts owed by the deceased.

3. declare and pay inheritance tax. Declare the estate of the deceased to the estate tax department of the inland revenue department according to the date of death. List the heritage in detail and submit it to the cultural relics department after the applicant takes the oath. According to the laws of Hong Kong, if a person dies after the beginning of 1982, his estate does not reach 2 million, so there is no need to pay tax.

2 million to 2.5 million inheritance pay 10% tax;

3 million to 3.5 million inheritance pay 14% tax;

3.5 million to 4 million inheritance pay 16% tax;

More than 4 million estates are subject to 18% tax;

If the apartment where the deceased lived before his death is left to his spouse, he may be exempted from inheritance tax;

Donations made by the deceased to public charities can also be tax-free;

All gifts (except overseas gifts) within three years before the death of the deceased are included in his estate and need to be taxed;

Although the property jointly managed by the deceased and others was automatically transferred to its * * * manager before his death, tax must be paid, but the amount of tax paid is determined by the proportion of capital contribution at the time of property purchase;

The property transferred by the deceased, if it still retains control, is also included in the category of inheritance;

All debts of the deceased in Hong Kong are deducted from the property, and then the tax amount and tax rate are determined. The funeral expenses of the deceased are limited to 1 10,000 Hong Kong dollars.

Estate inheritance tax can be paid in eight years and once every six months. If the undertaker fails to report the tax and interest to the Estate Duty Office within 12 months after the death of the deceased, the estate official may decide whether to pay double the fine depending on whether there are reasonable reasons for delay.

If the deceased and the beneficiary of the estate die in succession within five years, the estate tax payable on their property and business may be reduced or exempted as appropriate.

If the estate amount is less than tax exemption, you can get the tax exemption certificate and list issued by the inheritance tax department; If the estate is beyond the scope of tax exemption, the estate duty department will issue a notice of tax payment. After the applicant has paid the estate tax, the Estate Duty Department will issue a certificate of paying the estate tax and an estate list. In any case, the estate duty department can recover the personal income tax or salary tax owed by the deceased before his death from the estate administrator.

4. Apply to the High Court for undertaking and verification.

(1) Conditions for an official undertaker to apply for inheritance: a. The deceased has neither an heir nor an inheritance in Hong Kong, but has an inheritance; B. The deceased has a legacy in Hong Kong, but there is no will, and the heir requests the official undertaker to undertake it; C. The deceased had an estate in Hong Kong without making a will, and the heir did not apply to undertake the estate within 12 months; D. The deceased is intestate, but has an inheritance in Hong Kong, and the heir living in Hong Kong is underage; E. If the deceased has a will and the person subjected to execution refuses to carry it out, it shall also be treated as intestate; F. The official undertaker shall make a complete estate account, provide copies of documents to the parties, and collect fees (5% for the first thousand yuan, 2.5% for the second thousand yuan, and the rest 1%). )

(2) Other contractors. If a natural person only needs one person when applying, the number of contractors shall not exceed four; If the inheritance undertaken involves the rights and interests of minors, or if the beneficiary only has rights and interests all his life, there shall be no less than two undertakers; However, if the undertaker belongs to a trust company, it can be executed separately.

If the person subjected to execution dies, the executor of the person subjected to execution will continue to perform his task; If the executor is not specified, or the executor dies before the testator, or the executor refuses to execute it, the successor may apply for undertaking, but it shall be executed in accordance with the will.

In some cases, the court may also appoint the undertaker or authorize the undertaker.

(3) The rights and responsibilities of the undertaker: A. The undertaker has the right to sue on behalf of the deceased; B the undertaker has the right to sell, transfer or mortgage the estate of the deceased; C. Under faithful conditions, the undertaker is not responsible for the loss of the inheritance; D. the undertaker can collect remuneration; E. If the undertaker is the trustee, if the estate is purchased, the beneficiary has the right to overturn it, unless the price paid is reasonable or the beneficiary agrees; F those who dispose of the deceased's estate without the consent of the undertaker shall bear the same legal responsibilities as the undertaker.

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(4) Documents to apply to the court for undertaking: a. The affidavit of the applicant as the legal administrator of the estate shall prove the identity of the deceased, who is the heir, whether the deceased has a will, and ensure that it is executed according to law; B witness affidavit to prove the relationship between the applicant and the deceased, and the mainland applicant shall provide a notarial certificate to prove the relationship between the applicant and the deceased; C. the death certificate of the deceased; D. Original proof that the estate tax has been paid or exempted, with a list of the deceased's estates approved by the estate tax administration; E. If the applicant is not the sole beneficiary of the estate, the official has the right to ask one or more guarantors to ensure that the undertaker acts in accordance with the law.