Legal query

[Jimbo69]

We acted for a partnership which ceased 2014. Since then, one of the partners died (in 2015) and his executors have just asked for copies of the partnership accounts going back 20 odd years. Should I comply with this request? Do I need the permission of the surviving former partner before I do? Not sure if there's a confidentiality issue or not.

All comments are appreciated

Thank you

[pawncob]

I suggest you tell them to search the late client's records or ask his partner. Even HMRC wouldn't want twenty years!!

[maths]

Not sure I know the answer.

One option is to simply write to the executors requesting their justification for their request.

Under TMA 1979 1970 s40 (for ss34, 35 &36 purposes) HMRC can only assess executors at anytime within 4 years of the end of the year of assessment of death in relation to income/gains accrued to the deceased prior to death.

If income tax/CGT has been lost due to the carelessness or deliberate action of the deceased the PRs may be assessed in respect thereof in respect of a year of assessment ending not earlier than 6 years before date of death.

It seems to me that the 20 year period contained in TMA 1970 s36(1A) is cut down by the above.

[Jimbo69]

I think they may be looking at some sort of claim against the surviving former partner