Income Tax Act 2007 section 50

Procedure for making and withdrawing elections under sections 47 to 49

Section 50 sets out the rules and timings for making and withdrawing elections to transfer or partially transfer back the married couple's or civil partner's tax reduction between spouses or civil partners.

• Elections must generally be made before the tax year in which they are to take effect, and once made they remain in force until withdrawn.
• Two exceptions allow an election to take effect in the same tax year it is made: where the marriage or civil partnership takes place in that year, or where advance notice is given to HMRC and the election is made within the first 30 days of the tax year.
• An election can only be withdrawn by a formal notice from the person(s) who made it, or by making a new, replacement election — and a withdrawal by notice does not take effect until the following tax year.
• Any withdrawal notice must be sent to an officer of HMRC and must be in the form specified by the Commissioners for HMRC.