58. Deceased persons

Where an individual (X) dies, then as respects income arising before X’s death all rights and duties which would have attached to X, and any liability to be charged with or to pay tax to which X would have been subject under this Act if X had not died, pass to X’s executor, and the amount of any tax payable by the executor under this section is a debt due from and payable out of X’s estate.

Any assessment or additional assessment on any such income must not be made later than the end of the third year of assessment following that in which X died.

Where, by reason of the death of an individual (X), a trade, business, profession, vocation or employment ceases to be carried on or exercised by X or the income from any other source ceases, and section 35 applies, X’s executor is liable for the tax for which X would have been liable if X had not died but, except in the case of dividends, a cessation had taken place at the date of X’s death.

In the case of an individual dying during the year preceding the year of assessment, if his or her executor distributes the estate before the commencement of the year of assessment, such executor must pay any tax for that year of assessment at the rate or rates in force at the date of distribution of the estate, if the rate of tax for that year of assessment has not been varied at that date.