Section 840A — Finance Act 2008: Claims under section 840

Claims under section 840 840A 1 A claim under section 840 must be made on or before the fifth anniversary of the normal self-assessment filing date for the tax year for which the relief is claimed.

2 All adjustments (by way of repayment of tax, assessment or otherwise) are to be made which are necessary to give effect to section 840.

3 Those adjustments may be made at any time, despite anything to the contrary in the Income Tax Acts.

4 A person's personal representatives may make any claim under section 840 which the person might have made.

5 If a person dies—

a any tax paid by the person and repayable because of a claim under section 840 is to be repaid to the personal representatives, and b the person's personal representatives are liable for any additional tax which arises because of a claim under that section.

6 If subsection (5)(b) applies, the additional tax—

a is to be assessed on the personal representatives, and b is a debt due and payable out of the estate.