Textual Amendments
F1Words 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)
(1)If—
(a)an individual's spouse or civil partner is entitled to a tax reduction under section 45 or 46 for a tax year,
(b)the spouse or civil partner's MCA tax reductions are greater than the spouse or civil partner's comparable tax liability, and
(c)the conditions set out in subsection (4) are met,
the individual is entitled to a tax reduction for that tax year equal to the unused part of the spouse or civil partner's MCA tax reductions.
(2)The spouse or civil partner's MCA tax reductions are the sum of—
(a)the tax reduction to which the spouse or civil partner is entitled under section 45 or 46, and
(b)any tax reduction under section 49 to which the spouse or civil partner is entitled for the tax year.
(3)The unused part of the spouse or civil partner's MCA tax reductions is equal to—
(a)the spouse or civil partner's MCA tax reductions, less
(b)the spouse or civil partner's comparable tax liability.
(4)The conditions are that—
(a)the spouse or civil partner gives notice to an officer of Revenue and Customs that subsection (1) is to apply for the tax year,
(b)the individual makes a claim, and
(c)the individual meets the requirements of section 56 (residence etc).
(5)The tax reduction to which the individual is entitled under subsection (1) is in addition to any tax reduction to which the individual is entitled under section 47 or 48.
(6)The meaning of “comparable tax liability” is given in section 53.
(1)If—
(a)an individual's spouse or civil partner is entitled to a tax reduction under section 47 or 48 for a tax year,
(b)the tax reduction is greater than the spouse or civil partner's comparable tax liability, and
(c)the conditions set out in subsection (3) are met,
the individual is entitled to a tax reduction for that tax year equal to the unused part of the spouse or civil partner's tax reduction.
(2)The unused part of the spouse or civil partner's tax reduction is equal to—
(a)the tax reduction to which the spouse or civil partner is entitled, less
(b)the spouse or civil partner's comparable tax liability.
(3)The conditions are that—
(a)the spouse or civil partner gives notice to an officer of Revenue and Customs that subsection (1) is to apply for the tax year, and
(b)the individual makes a claim.
(4)The tax reduction to which the individual is entitled under subsection (1) is in addition to any tax reduction to which the individual is entitled under section 45, 46 or 49.
(5)The meaning of “comparable tax liability” is given in section 53.
(1)For the purposes of sections 51 and 52, the comparable tax liability of an individual is the amount of the individual's tax left after Step 6 of the calculation in section 23 for the tax year, making that calculation with the modifications set out in subsections (2) and (3).
(2)In making that calculation, do not deduct any tax reduction under—
(a)[F2sections 2 and 6 of TIOPA 2010] (double taxation arrangements: relief by agreement), or
(b)[F3section 18(1)(b) and (2) of TIOPA 2010] (relief for foreign tax where there are no double taxation arrangements).
(3)If the individual's entitlement to a tax reduction under this Chapter is extinguished under section 423(4) (gift aid: restriction of reliefs) to any extent, deduct from the amount calculated in accordance with subsections (1) and (2) the amount by which the tax reduction is reduced.
(4)A notice under section 51 or 52—
(a)must be given [F4not more than 4 years after the end of] the tax year to which it relates,
(b)must be in the form specified by the Commissioners for Her Majesty's Revenue and Customs, and
(c)cannot be withdrawn.
(5)For the purposes of this section a person is treated as being entitled to a tax reduction under [F5sections 2 and 6 of TIOPA 2010] if the person is entitled to credit against income tax under double taxation arrangements.
Textual Amendments
F2Words in s. 53(2)(a) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 78(2)(a) (with Sch. 9 paras. 1-9, 22)
F3Words in s. 53(2)(b) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 78(2)(b) (with Sch. 9 paras. 1-9, 22)
F4Words in s. 53(4)(a) substituted (1.4.2010) by Finance Act 2008 (c. 9), s. 118(2), Sch. 39 para. 57; S.I. 2009/403, art. 2(2) (with art. 10)
F5Words in s. 53(5) substituted (with effect in accordance with s. 381(1) of the amending Act) by Taxation (International and Other Provisions) Act 2010 (c. 8), s. 381(1), Sch. 8 para. 78(3) (with Sch. 9 paras. 1-9, 22)