Income Tax Act 2007

50 Procedure for making and withdrawing elections under sections 47 to 49

(1) This section applies to elections under sections 47 to 49.

(2) An election—

(a) must, except in the cases dealt with by subsection (3), be made before the first tax year in which it is to be in force, and

(b) continues in force in each subsequent tax year until it is withdrawn.

(3) An election—

(a) may be made in the first tax year in which it is to be in force if that is the tax year in which the marriage takes place or the civil partnership is formed, and

(b) may be made in the first 30 days of the first tax year in which it is to be in force if appropriate notice is given before the tax year.

(4) In subsection (3), “appropriate notice” means notice given to an officer of Revenue and Customs by the individual or (in the case of a joint election) individuals concerned that it is intended to make the election.

(5) An election may be withdrawn only by—

(a) a notice given by the individual or individuals by whom the election was made, or

(b) a subsequent election under section 47, 48 or 49.

(6) If an election is withdrawn under subsection (5)(a), the withdrawal does not have effect until the tax year after the one in which the notice is given.

(7) A notice under subsection (5)(a)—

(a) must be given to an officer of Revenue and Customs, and

(b) must be in the form specified by the Commissioners for Her Majesty’s Revenue and Customs.