Income and Corporation Taxes Act 1988

304 Husband and wife. U.K.

(1) M1 In the case of any amount subscribed by a married woman for eligible shares issued to her at a time—

(a) when she is living with her husband; and

(b) which falls in a year of assessment for which his income includes (or, if there were any, would include) any of hers,

the deduction under section 289(5)shall, subject to Chapter IIof this Part and subsections (2)to (5)below, be made from his total income, and references in this Chapter to the relief to which an individual is entitled in respect of any shares shall be construed accordingly.

(2) M2 The limits in section 290shall apply jointly to a husband and wife as respects amounts subscribed for shares at a time—

(a) when they are married and living together; and

(b) which falls in a year of assessment for which his income includes (or, if there were any, would include) any of hers;

but if the husband dies or they are divorced or cease to live together before the end of any such year those limits shall apply to the wife as respects amounts subscribed by her for shares issued in the remainder of the year as if it were a separate year of assessment.

(3) Where an application under section 283(1)or an election under section 287(1)is in force for a year of assessment in which shares are issued for which amounts have been subscribed both by the husband and the wife, then, if section 290(2)requires a restriction to be placed on the relief given on a claim or claims in respect of those amounts, the available relief shall be divided between the husband and wife in proportion to the amounts which have been respectively subscribed by them for the shares to which the claim or claims relate and which would, apart from the restriction, be eligible for the relief.

(4) Subsections (2)and (3)above shall apply in relation to the limit of £5,000imposed by section 289(7)as it applies in relation to the limit of £40,000imposed by section 290(2);and for this purpose the reference in subsection (3)above to a division in proportion to the amounts subscribed by the husband and wife shall be construed as a reference to a division in proportion to the aggregate amounts of the relevant deductions sought by each of them in their claims under section 289(6) F1 .

[F2 (5) Subsection (1) of section 299 shall not apply to a disposal made by a married man to his wife or a married woman to her husband at a time when they are living together; but where shares issued to one of them have been transferred to the other by a transaction inter vivos that subsection shall apply on the disposal of the shares by the transferee to a third person and any assessment for withdrawing relief in respect of the shares shall be made on the transferee.

(6) If any relief given for the year 1989-90 or any earlier year of assessment in respect of shares for which a married man or married woman has subscribed and which were issued while they were living together falls to be withdrawn in the year 1990-91 or any subsequent year of assessment by virtue of a disposal of those shares by the person who subscribed for them, any assessment for withdrawing that relief shall be made on the person making the disposal and shall be made by reference to the reduction of tax flowing from the amount of the relief regardless of any allocation of that relief under section 280 or of any allocation of the reduction under section 284 for the year of assessment for which the relief was given.]

Textual Amendments

F1 Repealed by 1988(F) ss.35and 148and Sch.3 para.12(1)and Sch.14 Part VIIIfor 1990-91and subsequent years.

F2 1988(F) s.35and Sch.3 para.12for 1990-91and subsequent years. Previously

“(5) Subsection (1) of section 299 shall not apply to a disposal made by a married woman to her husband at a time when she is living with him or to a disposal made at such a time by him to her; but where shares issued to one of them have been transferred to the other by a transaction inter vivos—(a) that subsection shall apply on the disposal of the shares by the transferee to a third person; and (b) if at any time the husband and wife are divorced or cease to live together and any of those shares have not been disposed of by the transferee before that time, any assessment for withdrawing relief in respect of those shares shall be made on the transferee. (6) Where a husband and wife are divorced or cease to live together, then, if any relief given in respect of shares for which either of them has subscribed and which were issued while they were married and living together falls to be withdrawn by virtue of a subsequent disposal of those shares by the person who subscribed for them, any assessment for withdrawing that relief shall be made on the person making the disposal and shall be made by reference to the reduction of tax flowing from the amount of the relief regardless of any allocation of that relief under section 280 or of any allocation of the reduction under section 284.”

Marginal Citations

M1 Source-1983 Sch.5 12(1)

M2 Source-1981 s.60(4)-(7); 1983 Sch.5 12(2), (3); 1987 s.42(4)