Income and Corporation Taxes Act 1988

[F1 257BA Elections as to transfer of relief under section 257A [F2 or 257AB]. U.K.

(1) [F3 An individual may elect that for any year of assessment for which the individual's spouse or civil partner is entitled to relief under section 257A or 257AB—]

(a) [F4 the individual] shall be entitled (on making a claim) [F5 to an income tax reduction calculated by reference to] one half of the amount specified in [F6 section 257A(5A)][F7 or 257AB(5) ] for that year, and

(b) the amount [F8 by reference to which the calculation of the income tax reduction to which [F9 the individual's spouse or civil partner] is entitled under section 257A [F10 or 257AB] is to be made] shall be reduced accordingly.

(2) [F11 An individual and the individual's spouse or civil partner may jointly elect that for any year of assessment for which the individual is entitled to relief under section 257A or 257AB—]

(a) [F12 the individual's spouse or civil partner] shall be entitled (on making a claim) [F5 to an income tax reduction calculated by reference to] the amount specified in [F6 section 257A(5A)][F13 or 257AB(5)] for that year, and

(b) the amount that [F8 by reference to which the calculation of the income tax reduction to which [F14 the individual] is entitled under section 257A [F15 or 257AB] is to be made] shall be reduced accordingly F16 . . . .

(3) [F17 An individual may elect that for any year of assessment for which the individual's spouse or civil partner] is entitled to relief by virtue of an election under subsection (2) above—

(a) [F18 the individual] shall be entitled (on making a claim) to [F19 to an income tax reduction calculated by reference to] one half of the amount specified in [F6 section 257A(5A)][F20 or 257AB(5)] for that year (in addition to [F21 any income tax reduction to which [F18 the individual] is already entitled] under section 257A [F22 or 257AB]), and

(b) the amount [F23 by reference to which the calculation of the income tax reduction to which [F24 the individual's spouse or civil partner] is entitled by virtue of that election is to be made] shall be reduced accordingly.

(4) An election under this section shall be made by giving notice to the inspector in such form as the Board may determine and—

(a) subject to subsections (5) and (7) below, shall be made before the first year of assessment for which it is to have effect, and

(b) shall have effect for that and each succeeding year of assessment for which [F25 the individual concerned] is entitled to relief under section 257A [F26 or 257AB], subject to its withdrawal under subsection (8) below or a subsequent election under this section.

(5) An election may be made during the first year of assessment for which it is to have effect if that is the year of assessment in which the marriage [F27 or civil partnership] takes place.

(6) Where subsection (5) above applies, the references in subsections (1)(a), (2)(a) and (3)(a) above to the amount specified for the year of assessment in [F6 section 257A(5A)][F28 or 257AB(5)] shall be read as references to that amount reduced in accordance with section 257A(6) [F29 or (as the case may be) 257AB(7)].

(7) An election may be made within the first thirty days of the first year of assessment for which it is to have effect if before that year the inspector has been given written notification that it is intended to make the election.

(8) The person or persons by whom an election was made may withdraw it by giving notice to the inspector in such form as the Board may determine; but the withdrawal shall not have effect until the year of assessment after the one in which the notice is given.

(9) [F30 An individual] shall not be entitled by virtue of an election under this section to more than one [F31 income tax reduction] for any year of assessment.]

Textual Amendments

F1 Ss. 257BA, 257BB substituted for s. 257B (16.7.1992 with application in relation to tax for the year 1993-94 and subsequent years of assessment) by Finance (No. 2) Act 1992 (c. 48), s. 20, Sch. 5 paras.2, 10.

F2 Words in s. 257BA heading inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(9)

F3 Words in s. 257BA(1) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(2)(a)

F4 Words in s. 257BA(1)(a) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(2)(b)(i)

F5 Words in s. 257BA(1)(2) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 2(1)(a) (with Sch. 8 para. 2(3))

F6 Words in s. 257BA(1)(a)(2)(a)(3)(a)(6) substituted (with effect as mentioned in s. 32(3) of the amending Act) by Finance Act 1999 (c. 16), s. 32(1)(a)

F7 Words in s. 257BA(1)(a) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(2)(b)(ii)

F8 Words in s. 257BA(1)(2) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 2(1)(b) (with Sch. 8 para. 2(3))

F9 Words in s. 257BA(1)(b) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(2)(c)(i)

F10 Words in s. 257BA(1)(b) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(2)(c)(ii)

F11 Words in s. 257BA(2) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(3)(a)

F12 Words in s. 257BA(2)(a) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(3)(b)(i)

F13 Words in s. 257BA(2)(a) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(3)(b)(ii)

F14 Words in s. 257BA(2)(b) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(3)(c)(i)

F15 Words in s. 257BA(2)(b) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(3)(c)(ii)

F16 Words in s. 257BA(2) repealed (with effect as mentioned in s. 32(4), Sch. 20 Pt. 3(3) Note 2 of the repealing Act) by Finance Act 1999 (c. 16), s. 32(1)(b), Sch. 20 Pt. 3(3)

F17 Words in s. 257BA(3) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(4)(a)

F18 Words in s. 257BA(3)(a) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(4)(b)(i)

F19 Words in s. 257BA(3) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 2(2)(a) (with Sch. 8 para. 2(3))

F20 Words in s. 257BA(3)(a) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(4)(b)(ii)

F21 Words in s. 257BA(3) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 2(2)(b) (with Sch. 8 para. 2(3))

F22 Words in s. 257BA(3)(a) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(4)(b)(iii)

F23 Words in s. 257BA(3) substituted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 2(2)(c) (with Sch. 8 para. 2(3))

F24 Words in s. 257BA(3)(b) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(4)(c)

F25 Words in s. 257BA(4)(b) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(5)(a)

F26 Words in s. 257BA(4)(b) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(5)(b)

F27 Words in s. 257BA(5) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(6)

F28 Words in s. 257BA(6) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(7)(a)

F29 Words in s. 257BA(6) inserted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(7)(b)

F30 Words in s. 257BA(9) substituted (5.12.2005 with effect in accordance with reg. 1(4) of the amending S.I.) by The Tax and Civil Partnership Regulations 2005 (S.I. 2005/3229), regs. 1(1), 53(8)

F31 Words in s. 257BA(9) substituted (with effect as mentioned in s. 32(3) of the amending Act) by Finance Act 1999 (c. 16), s. 32(1)(c)

Modifications etc. (not altering text)

C1 S. 257B-262 restricted (with effect as mentioned in s. 77(7) of the amending Act) by Finance Act 1994 (c. 9), Sch. 8 para. 4(1)