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Income Tax Act 2007

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This is the original version (as it was originally enacted).

Introduction

42Tax reductions under Chapter

(1)This Chapter contains provisions about entitlement to tax reductions in a case where a party to a marriage or civil partnership was born before 6 April 1935.

(2)Individuals are entitled to tax reductions under the following provisions of this Chapter—

(a)section 45 (marriages before 5 December 2005),

(b)section 46 (marriages and civil partnerships on or after 5 December 2005),

(c)section 47 (election by individual to transfer relief under section 45 or 46),

(d)section 48 (joint election to transfer relief under section 45 or 46),

(e)section 49 (election for partial transfer back of relief),

(f)section 51 (transfer of unused relief), and

(g)section 52 (transfer back of unused relief).

(3)The tax reductions under sections 45 to 49 are subject to section 54 (tax reductions in the year of marriage or entry into civil partnership).

(4)A tax reduction under this Chapter is given effect at Step 6 of the calculation in section 23.

43Meaning of “the minimum amount”

In this Chapter “the minimum amount” means £2,350.

44Election for new rules to apply

(1)In this Chapter “an election for the new rules to apply” means an election made by a husband and wife who got married before 5 December 2005 for the new rules to apply to them instead of the old rules.

(2)In subsection (1)—

  • “the new rules” means the rules for relief under section 46 (marriages and civil partnerships on or after 5 December 2005), and

  • “the old rules” means the rules for relief under section 45 (marriages before 5 December 2005).

(3)An election for the new rules to apply—

(a)must be made jointly by the parties to the marriage,

(b)must be made before the first tax year for which it is to be in force,

(c)continues in force in each subsequent tax year, and

(d)cannot be withdrawn.

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