Section 44 — Income Tax Act 2007: Election for new rules to apply

Election for new rules to apply 44 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 , 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 or 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the first tax year for which it is to be in force, c continues in force in each subsequent tax year, and d cannot be withdrawn.