Section 11 – Deceased Persons

Estate Income

The legal representative is responsible for the administration of the estate while it is in the process of being settled, including the payment of debts and the distribution of the properties. This normally results in the creation of a trust for tax purposes for which the legal representative is required to file a tax return as long as the estate is not settled. However, this will not be the case if all of the estate properties are distributed immediately after the death, or if the estate has not earned any income prior to the distribution.

The taxes payable by an estate are calculated according to the graduated rates applicable to individuals regarding income earned during the first 36 months of the estate’s existence. Beyond this period, the estate becomes subject to a flat tax at the highest marginal rate.

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