73. Return to be furnished by executor and chargeability of an executor and beneficiary

An Assessor may give notice in writing to the executor of a deceased person requiring him to furnish within the period specified in such notice a return for the purposes of income tax, of the income from the estate administered by him and the name and address of each heir and other person having any interest in the estate of the deceased person (such heir or other person hereinafter referred to as a “beneficiary”)

A beneficiary shall, subject to the provisions of subsection (4), be chargeable with income tax in respect of his share of the income to which he is entitled from the estate of the deceased person.

Where, for any year of assessment, a beneficiary is chargeable with income tax under subsection (2) in respect of his share of the income to which he is entitled from the estate of a deceased person, the executor of that estate shall, on or before the thirtieth day of July, October and January of that year of assessment and of April of the succeeding year of assessment, give to the beneficiary in such form as may be specified by the Commissioner-General, a notice stating the amount of such income and such notice shall contain the particulars required to be set out in such form.

Where the income to which a beneficiary is entitled from the estate of a deceased person cannot be ascertained, the executor shall be chargeable with income tax in respect of such income.

The income tax with which an executor is chargeable under this Act for any year of assessment shall be paid by him in accordance with the provisions of section 114, notwithstanding that no assessment has been made on him.