840AClaims under section 840

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.