Part 3

Employment income: earnings and benefits etc. treated as earnings
Chapter 5

Taxable benefits: living accommodation

Living accommodation

Living accommodation to which this Chapter applies
97
1
This Chapter applies to living accommodation provided for—
a
an employee, or
b
a member of an employee’s family or household,
by reason of the employment.
1A
Where this Chapter applies to any living accommodation—
a
the living accommodation is a benefit for the purposes of this Chapter (and accordingly it is immaterial whether the terms on which it is provided to any of those persons constitute a fair bargain), and
b
sections 102 to 108 provide for
an amount in respect of
the benefit of the living accommodation to be treated as earnings.
2
Living accommodation provided for any of those persons by the employer is to be regarded as provided by reason of the employment unless—
a
the employer is an individual, and
b
the provision is made in the normal course of the employer’s domestic, family or personal relationships.
S. 97(1A) inserted (with effect in accordance with s. 7(9) of the amending Act) by Finance Act 2016 (c. 24), s. 7(2)
Words in s. 97(1A)(b) substituted (with effect in accordance with Sch. 2 para. 62 of the amending Act) by Finance Act 2017 (c. 10), Sch. 2 para. 7