1029 Application of section 1022 for purposes of capital gains tax

By applying the provisions of section 1022 (special provisions relating to tax on wife’s income) with any necessary modifications, this section gives Revenue the right to issue a demand notice to a married woman (or, if she is dead, to her executors) for capital gains tax attributable to chargeable gains accruing to her but which was assessed on her husband. Such a demand may be made where the amount of capital gains tax assessed on the husband remains unpaid 28 days after it became due. Any such demand is confined to the amount of capital gains tax which would have been payable by her if she had been assessed separately or the total amount assessed on the husband, whichever is the lesser.

Relevant Date: Finance Act 2021