Executor
[Section-312 as per the Income Tax Act, 2025 (this Act) w.e.f. 1st April, 2026.]
Section 312(1) of Income Tax Act 2025
312(1) The income of the estate of a deceased person shall be chargeable to tax in the hands of the executor as an individual, if there is only one executor, or as an association of persons, if the executors are more than one.
Section 312(2) of Income Tax Act 2025
312(2) The executor shall be deemed to be resident or non-resident according to the residential status of the deceased person for the tax year in which his death took place.
Section 312(3) of Income Tax Act 2025
312(3) For the purposes of this section, “executor” includes an administrator or other person administering the estate of the deceased person.
Section 312(4) of Income Tax Act 2025
312(4) The assessment of an executor under this section shall be made separately from any assessment that may be made on him in respect of his own income.
Section 312(5) of Income Tax Act 2025
312(5) Separate assessments shall be made under this section on the total income of each completed tax year or part thereof as is included in the period from the date of the death to the date of complete distribution to the beneficiaries of the estate according to their several interests.
Section 312(6) of Income Tax Act 2025
312(6) In computing the total income of any tax year under this section, any income of the estate of that tax year distributed to, or applied to the benefit of, any specific legatee of the estate during that tax year shall be excluded; but the income so excluded, shall be included in the total income of the tax year of such specific legatee.
Section 312(7) of Income Tax Act 2025
312(7) The provisions of section 305 shall, so far as may be, apply in the case of an executor in respect of tax paid or payable by him, as they apply in the case of a representative assessee.
FAQs on Section 312 of Income Tax Act 2025
Who is liable to pay tax on the income of a deceased person’s estate?
The executor of the estate is liable to pay tax on the income of the estate of a deceased person.
In what capacity is the executor assessed for tax purposes?
If there is only one executor, the assessment is made in the capacity of an individual. If there are multiple executors, the assessment is made as an association of persons.
How is the residential status of the executor determined?
The executor is deemed to have the same residential status as the deceased person for the tax year in which the death occurred.
What does the term “executor” include under this section?
“Executor” includes an administrator or any other person administering the estate of the deceased.
Is the executor’s personal income assessed together with the income of the estate?
No, the assessment of the executor for the income of the estate is made separately from his own personal income.
How is the income of the estate assessed over time?
Separate assessments are made for each completed tax year or part thereof, from the date of death to the date of complete distribution of the estate to the beneficiaries.
What happens to income distributed to specific legatees during a tax year?
Any such income is excluded from the estate’s total income but is included in the total income of the respective legatee for that tax year.
Do any other provisions apply to executors in this context?
Yes, the provisions of section 305 apply to executors in respect of tax paid or payable by them, as they apply to representative assessees.
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