Finance Act 1988

104 Married couples

(1) In the [1979 c. 14.] Capital Gains Tax Act 1979 —

(a) section 4(2) (losses of one spouse deductible from gains of other),

(b) section 45 (assessment and charge of wife’s gains on husband), and

(c) paragraphs 2 and 3 of Schedule 1 (special rules for annual exemption in case of married couple),

shall cease to have effect.

(2) Subsection (1) above shall have effect in relation to the year 1990-91 and subsequent years of assessment.

(3) Where—

(a) a claim under section 13 of the Capital Gains Tax Act 1979 (enforced delay in remitting gains from disposals of foreign assets) is made by a man in respect of chargeable gains accruing to his wife before 6th April 1990, and

(b) by virtue of that section the amount of the gains falls to be assessed to capital gains tax as if it were an amount of gains accruing in the year 1990-91 or a subsequent year of assessment,

it shall be assessed not on the claimant (or his personal representatives) but on the person to whom the gains accrued (or her personal representatives).