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Assessment of executors and administrators.
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39.—(1) Where a deceased person would, if living, be chargeable with and assessable to excess profits duty in respect of any accounting period, the executor or administrator of such deceased person shall be a person chargeable with and may be assessed to excess profits duty in respect of such accounting period in like manner and to the same extent as such deceased person, if living, would be so chargeable and could lawfully be so assessed but no such executor or administrator shall be liable for any such duty in excess of the assets of such deceased person which such executor or administrator has received or might, but for his own neglect or default have received.
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(2) No assessment or additional assessment to excess profits duty may be made by virtue of this section on the executor or administrator of a deceased person after the expiration of two years from the date on which the grant of probate or letters of administration was made to such executor or administrator, save that where such executor or administrator has lodged a corrective affidavit for the purpose of assessment of estate duty, such assessment or additional assessment to excess profits duty may be made at any time before the expiration of two years from the lodgment of such corrective affidavit.
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(3) The executor or administrator of a deceased person who died before the 11th day of May, 1933, shall not be charged with or assessable to excess profits duty by virtue of this section if such executor or administrator has fully administered the estate and distributed the assets of such deceased person before the said 11th day of May, 1933.
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(4) The executor or administrator of a deceased, person may apply to the Revenue Commissioners for such certificate as is hereinafter mentioned and the Revenue Commissioners shall, on being satisfied that the facts of the case justify them in so doing, issue to such executor or administrator a certificate signed by some person duly authorised in that behalf by the Revenue Commissioners, certifying (as the case may require) that such deceased person was not chargeable with excess profits duty or that all excess profits duty with which such deceased person was charged had been paid.
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(5) A certificate under the next preceding sub-section of this section shall (save in case of fraud by the executor or administrator to whom it is granted or of failure by him to disclose material facts) discharge such executor or administrator from (as the case may be) all claims or any further claim for excess profits duty by virtue of this section.
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