Income Tax (Trading and Other Income) Act 2005 section 840A

Claims under section 840

Section 840A sets out the rules for making claims for relief on backdated foreign pensions charged on the arising basis, including time limits, adjustments, and what happens when a claimant dies.

• A claim for relief under section 840 must be made within 4 years after the end of the tax year to which the relief relates.
• HMRC must make all necessary adjustments — including tax repayments, assessments, or other changes — to give effect to the relief, and these adjustments can be made at any time regardless of other time limits in the Income Tax Acts.
• If the claimant has died, their personal representatives may make any claim that the deceased person could have made, and any resulting tax repayment is paid to them.
• Where a claim results in additional tax being due after the claimant's death, that tax is assessed on the personal representatives and is treated as a debt payable out of the deceased's estate.