Paragraph 3 Use of land in a qualifying mannerF1

For the purposes of this Schedule, transaction land is used in a qualifying manner if—

But land is not used in a qualifying manner to the extent that it is—

For the purposes of this paragraph, use of land in the course of a commercial trade or profession includes use of land for a purpose that is ancillary to the use of other land which—

The references in sub-paragraph (2) to land used as the garden or grounds of a dwelling include a building or structure on the land.

The references in this paragraph to doing something in the course of a commercial trade or profession include doing something in the course of a property rental business.

In this paragraph—

• “commercial”, in relation to a trade or profession, means carried on—

  1. (a)

     on a commercial basis, and

  2. (b)

     with a view to profit;

• “excluded rents” has the same meaning as in section 133 of the Finance Act 2013;

• “property rental business” means a property business as defined in Chapter 2 of Part 3 of the Income Tax (Trading and Other Income) Act 2005.