Section 44 Election for new rules to apply

United Kingdom

(1)

In this Chapter “an election for the new rules to apply” means an election made by a husband and wife who got married before 5 December 2005 F1, or by the civil partners in a civil partnership which results from a relevant conversion, for the new rules to apply to them instead of the old rules.

(2)

In subsection (1)—

“the new rules” means the rules for relief under section 46 (marriages and civil partnerships on or after 5 December 2005), and
“the old rules” means the rules for relief under section 45 (marriages before 5 December 2005).

(3)

An election for the new rules to apply—

(a)

must be made jointly by the parties to the marriage F2or civil partnership,

(b)

must be made before the first tax year for which it is to be in force,

(c)

continues in force in each subsequent tax year, and

(d)

cannot be withdrawn.

Annotations

Textual amendments

F1: Words in s. 44(1) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 45(3)(a)
F2: Words in s. 44(3)(a) inserted (7.12.2020) by The Marriage and Civil Partnership (Northern Ireland) (No. 2) Regulations 2020 (S.I. 2020/1143), regs. 1(2), 45(3)(b)

Notes on Chapter 3

Textual amendments

F1: Words in Pt. 3 Ch. 3 heading inserted (with effect in accordance with s. 11(12) of the amending Act) by Finance Act 2014 (c. 26), s. 11(6)