INTM367560 | DT applications and claims: Estates

Statutory time limit for claims by beneficiaries

It is possible that a beneficiary may receive a distribution from an estate which includes income received by the personal representative outside the normal statutory time limit. However, ICTA88/S700(3) allows beneficiaries until 3 years from 31 January following the year in which administration was completed to make their claims. This means that a beneficiary is not prevented from claiming relief from UK tax because of the time taken to complete the administration of the estate.

For example, a death occurs during 1994/95. In the normal course of events, the time limit for a beneficiary to claim on administration period income arising in that year would have expired on 5 April 2001. However, if the administration of the estate is not completed until 2002/03 the time limit is extended and the beneficiary has until 31 January 2007 to make the claim.