Section 245 — Income Tax Act 2007: Transfers between spouses or civil partners

Transfers between spouses or civil partners 245 1 This section applies if—

a shares to which an amount of EIS relief is attributable were issued to an individual (“A”),

b A transferred the shares to another individual (“B”) during their lives, c A was married to, or was the civil partner of, B at the time of the transfer, and d section 209 (disposal of shares) does not apply to the transfer.

2 This Part has effect, in relation to any subsequent disposal or other event, as if—

a B were the individual who had subscribed for the shares, b the amount that B had subscribed for the shares were the amount that A had subscribed for them, c B's liability to income tax had been reduced in respect of the shares for the same tax year as that for which A's was so reduced, d the amount by which B's liability to income tax had been reduced in respect of the shares were the same as that by which A's liability to income tax had been so reduced, and e that amount of EIS relief had continued to be attributable to the shares despite the transfer.

3 If the amount of EIS relief attributable to the shares had been reduced before the relief was obtained by A—

a this Part has effect, in relation to any subsequent disposal or other event, as if the amount of EIS relief attributable to the shares transferred to B had been correspondingly reduced before the relief was obtained by B, and b sections 210(3), 220(2) and 229(3) apply in relation to B as they would have applied in relation to A.

4 If, because of any such disposal or other event, an assessment for reducing or withdrawing EIS relief is to be made, the assessment is to be made on B.