Taxpayers who fail to report gifts from close family members within the statutory six-month period can avoid tax consequences by applying for a deadline reinstatement or using the active regret procedure.
The Six-Month Reporting Deadline
Close family members, classified as tax group zero, must report the acquisition of assets or property rights to the relevant head of the tax office to qualify for a tax exemption. This notification must be submitted using the SD-Z2 form within six months of the tax obligation arising.
Failure to meet this deadline historically resulted in the loss of the tax exemption and the obligation to pay the tax. However, regulations effective as of January 7, 2026, introduce mechanisms to mitigate these consequences by allowing for the potential restoration of the deadline.
Restoring the Deadline for Gift Reporting
Under Article 4c of the Inheritance and Gift Tax Act, the six-month deadline can be reinstated upon the taxpayer’s request, provided they demonstrate that the delay occurred without their fault. This does not cover simple negligence or tardiness, but rather involuntary circumstances beyond the taxpayer’s control, such as illness or unforeseen major obstacles.
Reinstatement is not automatic. The taxpayer must initiate the process by filing a formal application within seven days of the obstacle being removed. The tax authority then evaluates the validity of the reasons, the taxpayer’s conduct, and the actions taken. When filing this request, the taxpayer must also submit the required SD-Z2 form.
Alternative Recourse if Reinstatement Fails
If the tax authority denies the request to reinstate the deadline, the taxpayer may still utilize the “active regret” procedure. This voluntary notification of a failure to meet a tax obligation allows the taxpayer to avoid penalties for the late reporting, though it does not exempt them from the underlying tax liability.
Frequently Asked Questions
Close family members in the zero tax group have six months to notify the tax office to secure a tax exemption. If this period is exceeded, the taxpayer may apply for deadline reinstatement by proving the delay was involuntary.
The tax authority determines whether to grant a deadline extension after reviewing the specific circumstances of the case; it is not an automatic administrative process.