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Legislation
Income Tax Act 2007

Crossheading Elections to transfer relief

  • Section 47 Election by individual to transfer relief under section 45 or 46
  • Section 48 Joint election to transfer relief under section 45 or 46
  • Section 49 Election for partial transfer back of relief
  • Section 50 Procedure for making and withdrawing elections under sections 47 to 49
  1. Elections to transfer relief
  2. Joint election to transfer relief under section 45 or 46

Section 48 | Joint election to transfer relief under section 45 or 46

From legislation.gov.uk

(1)If—

(a)an individual's spouse or civil partner is entitled to a tax reduction under section 45 or 46 for a tax year, and

(b)the conditions set out in subsection (2) are met,

the individual is entitled to a tax reduction for that tax year of 10% of the minimum amount.

(2)The conditions are that—

(a)the individual and the individual's spouse or civil partner have made a joint election which is in force for the tax year,

(b)the individual makes a claim, and

(c)the individual meets the requirements of section 56 (residence etc).

(3)If an individual is entitled to a tax reduction under subsection (1), the tax reduction to which the individual's spouse or civil partner is entitled under section 45 or 46 is calculated for the tax year as if the appropriate amount were reduced by the minimum amount.

(4)In subsection (3) “the appropriate amount” means—

(a)if the individual's spouse or civil partner is entitled to a tax reduction under section 45, the amount specified in section 45(3)(a) ... , after any reductions under section 45(4) and 54(2), or

(b)if the individual's spouse or civil partner is entitled to a tax reduction under section 46, the amount specified in section 46(3)(a) ... , after any reductions under sections 46(4) and 54(2).

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