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A legatee receives a legacy conditional upon the sale of the decedent's assets. The DGT clarifies that the period for filing the return begins upon death, but the tax accrues when the condition is met.
Question raised: Taxation of the consultant.
The period for filing the Inheritance Tax return begins on the day of the decedent's death, regardless of whether the tax has accrued or not. In legacies subject to a suspensive condition, accrual occurs when the limitation ceases to exist. An initial return must be filed within the six month period and, following the fulfillment of the condition, a supplementary self-assessment must be filed with the actual value of the assets and the resulting average rate of the succession.
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