1. The tax rate for the tax household is, at the taxpayer’s option, individualised in accordance with the procedures set out in 2 and 3 of this article for each of the spouses or partners bound by a civil solidarity pact subject to joint taxation.
2. The individualised rate for the spouse or partner who personally had the lowest income during the last year for which tax was assessed is determined in accordance with the rules set out in I of article 204 H.
However, the income taken into account is made up of the sum of that which he or she has personally disposed of and half of the joint income, and the income tax relating to this is determined by applying to this same income the rules provided for in 1 to 4 of I of article 197 or, where applicable, article 197 A withholding half of the deficits, expenses and allowances deductible from the tax household’s overall income, as well as half of the family quota shares from which the tax household benefits.
3. The individualised rate applicable to the other spouse or partner is determined in accordance with the procedures set out in I of article 204 H, by deducting from the numerator the tax relating to the income personally disposed of by the first spouse, calculated by applying to their base, established under the conditions set out in articles 204 F and 204 G, the individualised rate referred to in 2 of this article, and that relating to the joint income of the tax household, calculated by applying to their base, established under the conditions provided for in article 204 G, the rate of levy for the tax household referred to in 1 of this article and by retaining in the denominator only the income that it has personally disposed of.
4. The individualised rates provided for, respectively, in 2 and 3 of this article apply, in accordance with the terms of 2 of I of article 204 H, to all income determined under the conditions provided for in articles 204 F and 204 G which each of the spouses or partners has personally disposed of.
The tax rate for the tax household mentioned in 1 of this article applies to the joint income of the tax household.
5. The option may be exercised and terminated at any time. The individualised rates apply no later than the third month following the month in which the request is made. They cease to apply no later than the third month following the month in which the option is terminated. The option is tacitly renewed.