(1)Subject to the following provisions of this section, income arising from property held in the names of a husband and his wife shall for the purposes of income tax be regarded as income to which they are beneficially entitled to equal shares.
(2)Subsection (1) above shall not apply to income to which neither the husband nor the wife is beneficially entitled.
(3)Subsection (1) above shall not apply to income—
(a)to which either the husband or the wife is beneficially entitled to the exclusion of the other, or
(b)to which they are beneficially entitled in unequal shares,
if a declaration relating to it has effect under section 282B.
(4)Subsection (1) above shall not apply to—
(a)earned income, or
(b)income which is not earned income but to which section 111 applies.
(5)Subsection (1) above shall not apply to income to which the husband or the wife is beneficially entitled if or to the extent that it is treated by virtue of any other provision of the Income Tax Acts as the income of the other of them or of a third party.
(6)References in this section to a husband and his wife are references to a husband and wife living together.]
Textual Amendments
F1Ss. 282A, 282B inserted (1990-91 and subsequent years) by Finance Act 1988 (c. 39), s. 34