Section 40: Assessment on personal representatives.

Taxes Management Act 1970 · 1970 c.9

Part IV: ASSESSMENT AND CLAIMS

40(1)

For the purpose of the charge of tax on the executors or administrators of a deceased person in respect of the income, or chargeable gains, which arose or accrued to him before his death, the time allowed by section 34, 35, 36 or 36A above shall in no case extend more than 4 years after the end of the year of assessment in which the deceased died.

40(2)

In a case involving a loss of tax brought about carelessly or deliberately by a person who has died (or another person acting on that person's behalf before that person's death), an assessment on his personal representatives to tax for any year of assessment ending not earlier than six years before his death may be made at any time not more than 4 years after the end of the year of assessment in which he died.

40(3)

In this section "tax" means income tax or capital gains tax.

40(4)

Any act or omission such as is mentioned in section 98B below, on the part of a grouping (as defined in that section) or member of a grouping shall be deemed for the purposes of subsection (2) above to be the act or omission of each member of the grouping.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.