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(1)Where—
(a)a man is entitled to relief under section 257A, but
(b)the amount which he is entitled to deduct from his total income by virtue of that section exceeds what is left of his total income after all other deductions have been made from it,
his wife shall be entitled to a deduction from her total income of an amount equal to the excess.
(2)In determining for the purposes of subsection (1)(b) above the amount that is left of a person’s total income for a year of assessment after other deductions have been made from it, there shall be disregarded any deduction made—
(a)on account of any payments of relevant loan interest which become due in that year and to which section 369 applies, or
(b)under section 289 [F1or
(c)on account of any payments to which section 593(2) or 639(3) applies,][F2or
(d)on account of any payments to which section 54(5) of the Finance Act 1989 applies.]
(3)This section shall not apply for a year of assessment unless the claimant’s husband has given to the inspector written notice that it is to apply; and any such notice—
(a)shall be given not later than six years after the end of the year of assessment to which it relates,
(b)shall be in such form as the Board may determine, and
(c)shall be irrevocable.
Textual Amendments
F11989 s.33(10).
F21989 s.57(4).
Modifications etc. (not altering text)
C1S. 257B(3) modified (1990-91) by The Lloyd's Underwriters (Tax) (1990-91) Regulations 1993 (S.I. 1993/415), regs. 1, 9, Sch.2
S. 257B(3) modified (1991-92) by The Lloyd's Underwriters (Tax) (1991-92) Regulations 1994 (S.I. 1994/728), regs. 1, 9, Sch. 2
S. 257B(3) modified (1992-93, 1993-94 and 1994-5) by The Lloyd's Underwriters (Tax) (1992-93 to 1996-97) Regulations 1995 (S.I. 1995/352), regs. 1, 14, 15, Sch.