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View Full Version : Landmark inheritance case favors Dominican expats



NewsWhore
08-31-2012, 02:10 PM
The new Constitutional Court has ruled in favor of four plaintiffs, heirs of Juan Jose Dalmasi who protested that Art. 7 of Law 2569 on Taxation for Inheritances and Donations penalized siblings living abroad. The tax on relatives living abroad is 50% higher than the taxation for heirs living in the country.

The court ruled that the article was in violation of the Constitution that established equality of taxation and was discriminatory. It ordered the DGII to reimburse Juan Jose Dalmasi Duluc, Larissa Maria Dalmasi Duluc, Ameriquin Maria Dalmasi Duluc and Luis Emilio Dalmasi Duluc for the difference. The case was pending since 1999 when the siblings took the case to court on the grounds that it violated their fundamental law to freedom of transit and the Constitutional principle of equality. The court accepted the principle of equality but not that of freedom of transit on grounds that the taxation requirement did not limit their right to reside abroad.

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