26/07/2022
ITR FY2021-22 | Income Tax Returns for a deceased Taxpayer
✔️ A person with a total income exceeding the basic exemption limit must file an ITR under the I-T Act, 1961. This obligation must be fulfilled even in case of a person's death.
✔️ The legal heir must file the ITR on behalf of the deceased person as his representative. To do so the heir must register himself as a representative on the e-filing portal.
✔️ While applying, the representative needs to include a few details about the deceased, along with a few important documents; the deceased's PAN card as well as the legal heir's, a certificate of heirship from a court or local tax authority, and the deceased's pension certificate. The legal heir's request is reviewed and approved by the e-filing administrator.
✔️ If an ITR is not filed or the tax due is not paid on deceased person's behalf, there can be penal consequences. If the legal heir doesn't file the ITR on or before the due date specified in Section 139 of the I-T Act, a penalty U/s 270A would be imposed, equivalent to 50% of the tax avoided by the taxpayer. He could also be prosecuted U/s 276CC. Section 276CC provides for imprisonment in case of failure to file ITR.
✔️ Late fee U/s 234F will be levied on non-filing ITR along with interest U/s 234A. Also, assessment for escaping income could be initiated U/a 148, if that happened.
✔️ U/s 234F of the I-T Act, an ITR filed after the deadline leads to a penalty of 1,000 (for those having income of up to 5 lakh) or 5,000 (for income above 5 lakh). Section 148 deals with issuance of notice to the taxpayer.
✔️ The legal representative's liability is limited to the extent to which the estate is capable of meeting the liability. However, the legal representative is personally liable to the extent of the value of any asset of the estate which he disposes of, or creates a charge on, while the tax liability remains uncharged.
✔️ Two separate ITRs must be filed for the year of death. One ITR has to be filed by the legal heir for the deceased person's income from the beginning of the financial year till the date of his death. The second ITR has to be filed by the executor on income earned by the deceased's estate for the period from the date of death till the time assets under the estate are distributed to the legal heir.
✔️ Once the assets are distributed, income generated by them is considered the legal heir's income.
✔️ If a person passes away in the middle of a financial year, an ITR should be filled by the legal heir as it also acts as proof of income at the time of insurance claim.
✔️ The legal heir is liable for any error in the ITR. The legal hier must collate all the data before filing the return. If there is any error or omission in the original return, the return can be revised at any time 3 months before the expiry of relevant assessment year or before the completion of assessment, whichever is earlier.
✔️ Even a belated return can be revised, and there is no limit on how many times this can be done.
✔️ If the legal heir's total income, including the deceased's income from the date of death, exceeds 50 lakh, the legal heir must provide details of all the assets and liabilities held by him at the end of the financial year in Schedule AL. Also, deceased PAN card must be surrounded after filing ITR.