Section 40 Election for transfer of allowance under section 39

(1) An election under section 39—

(a) must be made on or before the fifth anniversary of the normal self-assessment filing date for the tax year to which it relates, and

(b) cannot be withdrawn.

(2) If an individual makes an election for a tax year under section 39 the individual is treated as also giving notice under section 51(4) that section 51(1) (tax reductions for married couples and civil partners: transfer of unused relief) is to apply for the tax year.