Section 40 — Taxes Management Act 1970: Assessment on personal representatives.

Assessment on personal representatives. 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.

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.

3 In this section “ tax ” means income tax or capital gains tax.

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.