Section 1017 Assessment of husband in respect of income of both spouses
Taxation of Married Couples – Cases Involving Non-Residence: Tax Briefing Issue 67 – 2007
(1) Where in the case of a husband and wife an election under section 1018 to be assessed to tax in accordance with this section has effect for a year of assessment―
(a) the husband shall be assessed and charged to income tax, not only in respect of his total income (if any) for that year, but also in respect of his wife’s total income (if any) for any part of that year of assessment during which she is living with him, and for this purpose and for the purposes of the Income Tax Acts that last-mentioned income shall be deemed to be his income,
(b) the question whether there is any income of the wife chargeable to tax for any year of assessment and, if so, what is to be taken to be the amount of that income for tax purposes shall not be affected by this section, and
(c) any tax to be assessed in respect of any income which under this section is deemed to be income of a woman’s husband shall, instead of being assessed on her, or on her trustees, guardian or committee, or on her executors or administrators, be assessable on him or, in the appropriate cases, on his executors or administrators.
(2) Any relief from income tax authorised by any provision of the Income Tax Acts to be granted to a husband by reference to the income or profits or gains or losses of his wife or by reference to any payment made by her shall be granted to a husband for a year of assessment only if he is assessed to tax for that year in accordance with this section.
(3) Subject to subsection (4), for a year of assessment prior to the current year of assessment in which this section applies as a consequence of—
(a) an election made (including an election deemed to have been duly made) under section 1018,
(b) an election made under section 1019(2)(a)(ii), or
(c) section 1019(4)(a),
a husband or a wife who is not assessed under this section may elect to be so assessed and such election shall apply in place of any earlier election or deemed election for that year of assessment.
(4) Subsection (3) shall not apply where the husband or the wife is a chargeable person (within the meaning of section 959A).