A man applied for an interpretation, who in 2021 inherited his mother's employee activities. The son reported an inheritance to the tax office, which meant that he was exempt from inheritance and donation tax. The man decided to sell shares and came across a tax problem. On the day of the mother's death (inheritance opening day), the shares were worth more than on the day the taxpayer wanted to sell them. Does he have to pay Belka tax in such a situation?
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Is there a beam tax on the sale of shares with a loss?
The man believed that he would not have to pay personal income tax (so -called beam tax), since he would sell shares for a lower amount than their value on the day of inheritance.
He referred to art. 22 para. 1f of the PIT Act and indicated that in the case of the sale of securities acquired by inheritance, the tax deductible cost is their market value from the day of inheritance.
The man believed that since he sells shares at a lower price than their market value on the day of inheritance, he means that he incurs a loss and does not reach income. And in accordance with art. 30b para. 1 of the PIT Act, beam tax is calculated only on income, i.e. surplus of income over costs. Since the man continued, there is no surplus of income over the costs of purchasing shares, there is no taxable income, and thus there is no obligation to pay income tax on this transaction.
Is there a beam tax on the sale of inherited shares?
Director of the National Tax Information in an individual interpretation of April 17, 2025 (reference number 0112-KDIL2-1.4011.179.2025.1.MB) did not agree with the taxpayer, the heir.
He explained that the man cited an incorrect provision, i.e. art. 22 para. 1f of the PIT Act. The problem is that it does not apply to the sale of shares acquired in the estate. It concerns the sale of shares (shares) in exchange for a non -cash contribution.
The director of KIS also explained what the Belka tax on the sale of inherited shares.
The key in such a situation is art. 22 para. 1m of the PIT Act. According to him, In the event of a paid sale of shares in a capital companyshares in the cooperative and securities (…) acquired by a taxpayer by inheritance, The tax deductible costs are expenses incurred by the testator in order to include or acquire these shares in a capital company and securities (…).
The authority explained that this provision provides for an exception to the principle that the tax deductible costs are expenses incurred by the taxpayer. Exceptionally, the Act allows as tax costs expenses incurred by the testator, not the taxpayer.
– “The provision of Article 22 (1mm of the Act provides for a specific succession of the testator's right to take into account the expenses referred to in Article 23 (1) (38) in the tax deductible costs from the sale of shares (shares) in a capital company for the heir (heirs), i.e. in the case of their inheritance” – we read in the interpretation.
By translating this into the situation of the heir, it means that He can recognize as a tax deductible from the sale of shares expenses incurred by the mother (testator) for taking over or acquiring these shares, provided that the mother actually incurred such expenses.
From this it follows that If the mother (testator) got employee shares, so she did not buy them, then her son, who wants to sell shares, cannot deduct from the income from the sale of actions of tax deductible costs, because they are not there. In this case, he must pay 19 percent. Belka tax on sales income (without costs).
The director of KIS added that it does not matter what it was The market value of the shares from the day of inheritance and the day of sale.
Individual interpretation of the KIS Director of April 17, 2025 (reference number 0112-KDIL2-1.4011.179.2025.1.MB).
