Taxes Consolidation Act 1997 section 804

Adjustments and information

Section 804 provides for tax adjustments on completion of the administration of a deceased person's estate where amounts previously deemed paid to beneficiaries differ from the final amounts, and gives Revenue the power to require information from personal representatives and beneficiaries.

  • Where the final amount paid to a beneficiary exceeds the amount previously deemed paid, an assessment may be made or amended to collect the additional tax due
  • Where the final amount is less than previously deemed, assessments are adjusted and overpaid tax is repaid (without regard to the normal time limit for repayment claims), and any excess relief may be clawed back under Schedule D Case IV
  • The time limit for making or amending assessments, or claiming relief, does not expire before the end of the third year following the year of assessment in which the administration was completed
  • Revenue may require any current or former personal representative, or any person with an interest in the residue of the estate, to furnish information within not less than 28 days

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