Capital Allowances Act 2001 (c. 2)

Modifications etc. (not altering text)

C1 S. 45H(2) modified (with effect in accordance with s. 167 of the amending Act) by Finance Act 2003 (c. 14) , Sch. 30 para. 7

Part 10 U.K. Assured tenancy allowances

Chapter 4 U.K. Qualifying dwelling-houses

505 Qualifying dwelling-houses: exclusions U.K.

(1) A dwelling-house is not a qualifying dwelling-house if any of the exclusions given below apply.

• Exclusion 1

  The landlord under the tenancy is—

  (a)

  a housing association which is approved for the purposes of [F1 Chapter 7 of Part 13 of CTA 2010] , or

  (b)

  a self-build society within the meaning of the Housing Associations Act 1985 (c. 69).

• Exclusion 2

  The landlord and the tenant are connected persons.

• Exclusion 3

  The tenant is a director of a company which is or is connected with the landlord.

• Exclusion 4

  The landlord is a close company and the tenant is, for the purposes of Part XI of ICTA—

  (a)

  a participator in that company, or

  (b)

  an associate of such a participator.

• Exclusion 5

  The tenancy is entered into as part of a mutual arrangement for avoidance.

(2) In exclusion 5, a “mutual arrangement for avoidance” means an arrangement—

(a) between the landlords (or owners) of different dwelling-houses, and

(b) under which one landlord takes a person as a tenant in circumstances in which, if that person was the tenant of a dwelling-house let by the other landlord, that dwelling-house would not be a qualifying dwelling-house because of exclusion 2, 3 or 4.

Textual Amendments

F1 Words in s. 505(1) substituted (1.4.2010) (with effect in accordance with s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), s. 1184(1), Sch. 1 para. 358 (with Sch. 2)