income tax
This article outlines how to compute the income of a deceased individual and the responsibilities of legal representatives and executors under current tax laws.
The income earned by the deceased from the beginning of the financial year until their death is included in their income. On the other hand, income generated from assets inherited by the legal heirs is taxable under their names. The deceased is entitled to deductions and exemptions available for the entire year, although taxes are imposed only on income received before the date of death.
To determine the taxability of income generated from the deceased’s estate after their passing, it's essential to ascertain whether the death was testate or intestate:
According to Section 159 of the Income Tax Act, 1961, if a person dies, their legal representative is accountable for any tax obligations that the deceased would have faced had they survived. Key provisions include:
Under Section 168 of the Income Tax Act, 1961, the income from a deceased person's estate is subject to taxation under the executor’s name, separate from the executor's personal income. A distinct PAN is required for this purpose. Executors will be taxed until the completion of estate distribution according to the deceased’s will. If the estate is partially distributed, income from distributed assets will be taxed in the hands of the legatees—those receiving portions of the estate.
This section is applicable only in cases of testamentary succession. For intestate succession, income from the estate earned post-death is assessed in the names of the legal heirs as “tenants in common” until the assets are formally divided.
Per Section 47 of the Income Tax Act, 1961, the transfer of a capital asset via a gift or will is not classified as a "transfer" for capital gains purposes, thus negating potential capital gains tax liabilities. Inherited amounts/property are considered capital receipts and are generally not taxable. However, Section 56(2)(x) mandates that property received without consideration or for inadequate consideration may be taxable, though exemptions apply for inheritances.
Additionally, Section 49 outlines that the cost of an asset acquired via a will or inheritance will be pegged to the previous owner's cost, and the holding period includes time held by the previous owner—impacting classification as either a long-term or short-term capital asset.
If an Assessee dies during ongoing Income-tax proceedings, those proceedings may continue against the legal representative, resuming from the status at the time of death. Furthermore, assessments that could have been initiated if the Assessee had survived can proceed against the legal representatives.
Section 78(2) of the Income Tax Act, 1961, states that if a person inherits a business or profession, they may carry forward losses incurred by their predecessor. This is not applicable when the succession occurs other than by inheritance.
Legal heirs need to register as 'Representative Assessees.' Executors or administrators managing a deceased person's estate must also register accordingly.
To register, the following documents must be submitted:
After submission, the request will be reviewed by the e-Filing Administrator, who will notify the applicant of approval or rejection via email. Once approved, the legal heir gains the capability to file returns for the deceased, maintaining the relevant authorization limits.
Understanding the tax implications for deceased assessees is essential, especially in light of the ongoing pandemic. Legal representatives and executors must navigate these processes adeptly to ensure compliance with tax obligations. It's advisable to seek professional guidance for accurate handling of any related matters.