Income Tax Act 2007

46 Marriages and civil partnerships on or after 5 December 2005 U.K.

(1) If an individual—

(a) makes a claim for a tax year, and

(b) meets the conditions set out in subsection (2),

the individual is entitled to a tax reduction for the tax year of 10% of the amount specified in subsection (3)(a) F1 ....

(2) The conditions are that—

(a) for the whole or part of the tax year the individual is married or in a civil partnership and is living with the spouse or civil partner,

(b) the marriage took place, or the civil partnership was formed, on or after 5 December 2005 or, if the marriage took place before that date [F2 or if the civil partnership results from a relevant conversion], an election for the new rules to apply is in force for the tax year,

(c) the individual, or the spouse or civil partner, was born before 6 April 1935,

(d) the individual meets the requirements of section 56 (residence etc), and

(e) the individual's net income for the tax year exceeds that of the spouse or civil partner or, if they have the same amount of net income for the tax year, the individual is specified in an election as the person to be entitled to relief under this section for the year.

(3) The amount is—

(a) [F3 £11,080], if either the individual, or the spouse or civil partner, is aged 75 or over at some time in the tax year F4 ...

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For an individual whose adjusted net income for the tax year exceeds [F5 £37,000], the amounts specified in subsection (3) are reduced by [F6 half the excess].

(5) But subsection (4) does not reduce the amounts specified in subsection (3) below the minimum amount.

(6) An election under subsection (2)(e)—

(a) is to be made jointly by the parties to the marriage or civil partnership, and

(b) is to be made [F7 not more than 4 years after the end of] the tax year to which the election relates.

(7) For the meaning of “adjusted net income” see section 58.

Textual Amendments

F1 Words in s. 46(1) repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1

F2 Words in s. 46(2)(b) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 45(5)

F3 Sum in s. 46(3)(a) substituted (23.1.2024) by The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order 2024 (S.I. 2024/84), reg. 2(d)

F4 Words in s. 46(3) repealed (31.1.2013) by Statute Law (Repeals) Act 2013 (c. 2), s. 3(2), Sch. 1 Pt. 10 Group 1

F5 Sum in s. 46(4) substituted (23.1.2024) by The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order 2024 (S.I. 2024/84), reg. 2(e)

F6 Words in s. 46(4) substituted for s. 46(4)(a)(b) (with effect in accordance with s. 5(11) of the amending Act) by Finance Act 2015 (c. 11), s. 5(7)

F7 Words in s. 46(6)(b) substituted (1.4.2010) by Finance Act 2008 (c. 9), s. 118(2), Sch. 39 para. 56; S.I. 2009/403, art. 2(2) (with art. 10)