§2426. Inheritance tax return after June 30, 2004

NOTE: Repealed by Acts 2008, No. 822, §1, eff. Jan. 1, 2010.

A.(1) Notwithstanding any provision of this Chapter to the contrary, the provisions of this Section shall apply to deaths occurring after June 30, 2004.

(2)(a) The filing of an inheritance tax return or any other related succession documentation with the secretary of the Department of Revenue shall not be required if a judgment of possession is rendered or if the succession is judicially opened no later than the last day of the ninth month following the death of the decedent as provided in R.S. 47:2401(B).

(b) With respect to a revocable inter vivos trust, the filing of an inheritance tax return or any other related succession documentation with the secretary of the Department of Revenue shall not be required if a trust declaration is signed and filed by the surviving settlor, trustee, or beneficiary with the secretary of the Department of Revenue no later than the last day of the ninth month following the death of the decedent. The trust declaration to be filed with the secretary of the Department of Revenue shall include all of the following:

(i) The name, address, and social security number of the decedent.

(ii) The name and taxpayer identification number of the trust, if any.

(iii) The name and address of the declarant and his relationship to the trust.

(iv) The date of death of the decedent.

(v) A statement by the declarant that the succession has not been judicially opened.

(3) The delivery of an inheritance or legacy, or the distribution of assets from a trust, shall proceed without delay, notwithstanding the provisions of R.S. 47:2407(C) or 2408(C).

B. The provisions of this Section shall not apply to deaths occurring prior to January 1, 2005, where a federal estate tax return is required.

Acts 2004, No. 884, §2; Acts 2008, No. 822, §1, eff. Jan. 1, 2010.