Template Description

This affidavit template is designed for legal heirs to officially declare their consent for one legal heir to act as the Representative Assesse for a deceased individual under the Income Tax Act, 1961. It is a 2-pages MS Word document mandatory for tax-related processes following the death of an individual. This template is particularly useful for legal heirs, tax consultants, and other professionals.

Understanding the Affidavit - Appointment of Representative Assessee for Income Tax for deceased individual

What is Affidavit – Appointment of Representative Assessee?

The "Affidavit – Appointment of Representative Assessee" is a legal document used by the legal heirs of a deceased individual to appoint one of them as the Representative Assessee for handling the deceased’s tax matters. This document is particularly relevant under the Income Tax Act, 1961 in India, which requires that the tax liabilities of a deceased individual be managed and settled by a designated representative, often one of the legal heirs.

Purpose and Importance:

• Formal Appointment: The affidavit serves as a formal declaration by all legal heirs, confirming their consent to appoint one heir as the Representative Assessee.
• Legal Compliance: The Income Tax Act mandates that a deceased individual’s tax responsibilities do not lapse with their death. The affidavit ensures legal compliance by appointing someone to fulfill these duties, preventing legal complications or penalties.
• Avoiding Disputes: By having all legal heirs agree and declare their consent in a legally binding document, the affidavit helps avoid future disputes among the heirs regarding the management of the deceased's tax affairs.
• Authorization: The appointed Representative Assessee is authorized to act on behalf of the deceased in all interactions with tax authorities. This includes signing documents, attending tax proceedings, and dealing with any queries from the Income Tax Department.

Other Document accompany the affidavit:

Here’s a list of additional required documents or agreements that should typically accompany the affidavit:

•  Death Certificate of the Deceased
• Legal Heir Certificate or Succession Certificate
• PAN Card of the Deceased
• PAN Card of the Representative Assessee
• Consent Letters from Other Legal Heirs
• Identity and Address Proof of the Representative Assessee
• Copy of the Will (if applicable)
• Income Tax Returns of the Deceased (if available)
• Bank Statements and Financial Records of the Deceased
• No Objection Certificate (NOC) from Other Legal Heirs (if necessary)
• Probate Order (if applicable)

Conclusion

Appointing a Representative Assessee, legal heirs can ensure compliance with tax laws and avoid potential penalties or legal disputes. Affidavit is a crucial legal document that ensures a smooth transition of tax responsibilities from a deceased individual to their legal heir. This Affidavit template provide standardized format of appointment process and provides a clear, structured approach to managing the tax affairs of the deceased.