1. In the event of the death of the taxpayer or of either of the spouses subject to joint taxation, income tax is assessed on the income disposed of by the deceased during the year of his death and on the industrial and commercial profits made since the end of the last taxed financial year. The tax also applies to income whose distribution or payment results from the death, if it was not previously taxed and to income that the deceased acquired without having disposal prior to his death.
However, income the disposition of which results from death or which the deceased acquired without having had the disposition prior to his death is subject to separate taxation when it would normally have fallen due only in a year subsequent to death.
The year of death of a pensioner taxed in accordance with the procedures set out in e of 5 of the article 158, the tax is assessed on the basis of the arrears accrued since the last monthly payment subject to tax in respect of the previous year.
1 bis. Taxes established after the death under the conditions provided by Article L 172 of the Book of Tax Procedures in the event of omission or insufficient taxation, as well as any other taxes owed by the heirs in respect of the deceased, shall not be allowed as a deduction from the heirs’ income for the purpose of determining the income tax to which the heirs are liable.
2. The declaration of income taxable under this article shall be filed by the rightful claimants of the deceased. Where applicable, the notary in charge of the estate may file this declaration at the request of the successors if the estate has not been settled on the date the declaration is filed. It is subject to the rules and penalties laid down for annual declarations. Requests for clarification and justification provided for in the articles L 10 and L 16 du livre des procédures fiscales as well as the proposed rectifications mentioned in Article L 57 of the same book may be validly addressed to any of the heirs or signatories of the declaration of succession.