Inheritance taxes

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DRDreamer72

Member
Nov 17, 2014
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Hi, I can't seem to find information on the subject of how things work in the DR in the event of the death of a spouse.
What I am interested in knowing is what the rules are with regards to how estate is broken up i.e. does it all go to the spouse or must some go to children. Also, what taxes are payable and how can a will affect things?

Any and all help appreciated,
Roy
 
D

dv8

Gold
Sep 27, 2006
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in addition to this the kids cannot be disinherited. as far as the rest goes you should consult a lawyer.
 
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Dolores1

DR1
May 3, 2000
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DRDreamer72 said:
Hi, I can't seem to find information on the subject of how things work in the DR in the event of the death of a spouse.
What I am interested in knowing is what the rules are with regards to how estate is broken up i.e. does it all go to the spouse or must some go to children. Also, what taxes are payable and how can a will affect things?

Any and all help appreciated,
Roy
Click to expand...

For a summary on taxes, see http://www.dgii.gov.do/informacionTributaria/publicaciones/guiasContribuyente/Documents/7.pdf

Read more about taxes to be paid in these pages in Spanish:
http://ojd.org.do/Normativas/CIVIL ...el Impuesto sobre Sucesiones y Donaciones.pdf

http://guiarepublicadominicana.com/images/pdf/leyes_tributarias/ley25-69.pdf

The Civil Code regulates inheritance and donations (when an inheritance is given during the lifespan of the individual).

Read the articles of the Civil Code in Spanish here:
http://daduye.com/leyes/cv_770_1176.html
Civil Code on Inheritance
 
D

DRDreamer72

Member
Nov 17, 2014
204
7
18
Thanks all for the replies and advice. We will definately be seeking legal help when we get to the DR on this one.

However, as a rough guide, am I correct in thinking:
- For me, with no children and one sister, my wife would keep her 'half' of the estate, I could then leave her 50% of my half (i.e. 25% of the total) and my sister would then receive the remainder, so 75% of the total goes to my wife and 25% to my sister;
- For my wife, with one child, I would keep my 'half' of the estate, she could then leave me 50% of her half (i.e. 25% of the total) and he child would then receive the remainder, so 75% of the total could come to me and 25% to would go to her child;

Is that roughly the idea?

Cheers
Roy
 
E

Expat-in-Cabarete

Bronze
Jan 17, 2009
1,622
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Roy,

The main question is whether or not assets were acquired before or after the marriage.

If it was after and there is no separation of assets prior to the marriage (just learned in this country it can't be done post marriage), then each one of you owns 50 percent of total marital assets.

Neither spouses inherits by law (the 50% is what the spouse owns in marital assets not inheritance), but there is a way of testing a portion of your assets to your spouse (up to 25%).

On your first point, it depends if it is your sister who inherits--there is a long list with the rights of blood relatives which I don't really know who takes priority (it could be your sibling or your parents). Your wife will not get 25%, unless your write a will passing on to her a percentage 25% of your 50%.

Your second point, no. You own 50% and inherit nothing (unless she writes up a will to give you 25% of her 50% share). Her child will inherit no matter what the rest (75% of her 50%).

The above is from notes from a meeting with a prominent lawyer here. Read Dr. Guzman's post on the link that Matilda gave you above.
 
C

chic

Silver
Nov 20, 2013
4,305
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of course it is a real concern of what assets and where are they? a house/property in d.r is probably no concern to your sister....and you should (if u have and she needs) be giving her financial help every month( now.)important ******it is your sister...... A house in d.r. would probably never reap any benefits to sister,,,,ever...only a headache... money/cash bonds liquids...i would keep in u.s. and have her as co signer. these papers can also be kept for future delivery...5 years etc when your needs are$ lower...and income the same...
I am aware of all these things...family/money etc...wives g.f. etc ai yai yai
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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This whole subject has been transformed by Law 544-14, in force since since December 2014. For example, a foreigner may choose to have his estate governed by the laws of his home country, even if there are Dominican assets.

I'll be posting more on this in the near future.
 
MikeFisher

MikeFisher

The Fisherman/Weather Mod
Feb 28, 2006
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Fabio J. Guzman said:
This whole subject has been transformed by Law 544-14, in force since since December 2014. For example, a foreigner may choose to have his estate governed by the laws of his home country, even if there are Dominican assets.

I'll be posting more on this in the near future.
Click to expand...

very interesting change. thank you for bringing it up.
i am looking forward to your info on that theme in the near future.

Mike
 
AlterEgo

AlterEgo

Administrator
Staff member
Jan 9, 2009
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JDJones said:
And that ^^^^^^^^^^^^^ is why we always say contact a lawyer. Fabio doesn't post much, but what he does, it's really valuable information.
Click to expand...

That's the truth. I'm wondering if that will be true for dual citizens too, if their primary residence is in another country.
 
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