Article 27Inheritance Tax Returns

①A person who has acquired property by inheritance or bequest (including a gift of property acquired by gift from the decedent for the relevant succession to which Article 21-9, paragraph (3) applies; the same applies hereinafter in this Article) and a person electing settlement taxation at inheritance with respect to that decedent must, in the case where the total of the taxable values for inheritance tax (where Article 19 or Articles 21-14 through 21-18 apply, the amounts deemed to be taxable values for inheritance tax under those provisions) of all persons who have acquired property from that decedent by these causes exceeds the basic deduction for the estate, and there is an amount of inheritance tax under Articles 15 through 19, Articles 19-3 through 20-2 and Articles 21-14 through 21-18 on the taxable value for inheritance tax of that person (where Article 19 or Articles 21-14 through 21-18 apply, the amount deemed to be the taxable value for inheritance tax under those provisions), file with the competent district director with jurisdiction over the place for tax payment a return stating the taxable value, the amount of inheritance tax and other matters specified by Ministry of Finance Order, within 10 months from the day following the day on which that person came to know of the commencement of the succession (or, if that person comes not to have a domicile and residence in the area where this Act is enforced within that period without filing a notification of a tax agent under Article 117, paragraph (2) (Tax Agent) of the Act on General Rules for National Taxes, by the day on which that person comes not to have that domicile and residence).

③In addition to the case where a person electing settlement taxation at inheritance is required to file a return under paragraph (1), that person may, in order to receive a refund under Article 33-2, paragraph (1), file with the competent district director with jurisdiction over the place for tax payment a return stating the taxable value for inheritance tax on the property to which Article 21-9, paragraph (3) applies, the amount of tax to be refunded and other matters specified by Ministry of Finance Order.

④When a return is filed under the preceding three paragraphs, a detailed statement stating the property and debts at the time of the death of the decedent, a breakdown, for each person, of the property acquired or debts assumed by all persons who have acquired property from that decedent by inheritance or bequest through these causes, and other matters specified by Ministry of Finance Order, and other documents specified by Ministry of Finance Order, must be attached to that return.

⑤Where there are two or more persons who have acquired property from the same decedent by inheritance or bequest, or heirs of such persons, who are required to file, or may file, a return under paragraph (1), paragraph (2) (including as applied mutatis mutandis pursuant to paragraph (2) of the following Article) or paragraph (3), and the district director to whom that return is to be filed is the same, those persons may file that return jointly, as prescribed by Cabinet Order.

⑥The provisions of paragraphs (1) through (3) do not apply if a determination has been made regarding inheritance tax before the deadline for filing the return prescribed in those paragraphs.