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Section 145 Occupation by employees or partners of a qualifying trade or property rental business

United Kingdom

(1)

A day in a chargeable period is a relievable if matters stand as follows on that day—

(a)

a person (“P”) is entitled to a single-dwelling interest,

(b)

P, or a relevant group member, carries on a qualifying trade F1or qualifying property rental business ,

(c)

the interest is held for the purpose of making the dwelling available to one or more qualifying employees or qualifying partners for use as living accommodation, and

(d)

the dwelling is, or is to be, made available as mentioned in paragraph (c) for purposes that are solely or mainly purposes of the F2qualifying trade or qualifying property rental business .

(2)

“Qualifying trade” means a trade that is carried on on a commercial basis and with a view to profit.

(3)

In this section references to making a dwelling available to a qualifying employee or qualifying partner include making it available to persons who are to share the accommodation with such an individual as their family.

(4)

Where P is a company, “a relevant group member” means a company which is a member of the same group as P for the purposes mentioned in paragraph 1(2) of Schedule 7 to FA 2003 (stamp duty land tax: group relief).

(5)

F3For the meaning of “qualifying property rental business” see section 133(3).

Annotations

Textual amendments

F1

Words in s. 145(1)(b) inserted (15.9.2016) (with effect in accordance with s. 135(12) of the amending Act) by Finance Act 2016 (c. 24), s. 135(3)(a)

F2

Words in s. 145(1)(d) substituted (15.9.2016) (with effect in accordance with s. 135(12) of the amending Act) by Finance Act 2016 (c. 24), s. 135(3)(b)

F3

S. 145(5) inserted (15.9.2016) (with effect in accordance with s. 135(12) of the amending Act) by Finance Act 2016 (c. 24), s. 135(4)

F4

S. 145 heading substituted (15.9.2016) (with effect in accordance with s. 135(12) of the amending Act) by Finance Act 2016 (c. 24), s. 135(5)