Modifications etc. (not altering text)
C1Pt. 3 applied (17.7.2014) by Finance Act 2014 (c. 26), s. 223(8)(9)(e)
C2Pt. 3 modified (temp.) (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), Sch. 24 para. 2
(1)Subsection (2) applies if on a day in a chargeable period (“the day of non-qualifying occupation”)—
(a)a person carrying on a property trading business (“the property trader”) is entitled to a single-dwelling interest that is held as mentioned in section 141(1)(b), and
(b)a non-qualifying individual is permitted to occupy the dwelling.
(2)No subsequent day is relievable in the case of the single-dwelling interest by virtue of section 141(1) if—
(a)the day falls within that chargeable period, or any of the subsequent 3 chargeable periods, and
(b)the property trader or a relevant partner is entitled to the interest on that day.
(3)If on the day of non-qualifying occupation mentioned in subsection (1) the property trader carries on the property trading business in partnership, “relevant partner” means any other person who is, at any time, a member of that partnership.
(4)Subsection (5) applies if—
(a)on a day in a chargeable period (“the day of non-qualifying occupation”) a person who is a non-qualifying individual in relation to a single-dwelling interest is occupying the dwelling in question, and
(b)on an earlier day in that, or the preceding, chargeable period (“the earlier day”) the conditions in section 141(1)(a) and (b) are met in relation to the same single-dwelling interest.
(5)The earlier day is not relievable by virtue of section 141(1) in the case of the single-dwelling interest if—
(a)a person who is entitled to the interest on the earlier day is also entitled to it on the day of non-qualifying occupation, or
(b)if the business mentioned in section 141(1) is carried on in partnership, a person who has at any time carried that business on in partnership is entitled to the interest on the day of non-qualifying occupation.
(6)Subsection (5) does not apply in relation to the earlier day if a day that is relievable by virtue of section 133(1)(a) falls between the earlier day and the day of non-qualifying occupation.
(7)For the purposes of this section and section 141—
(a)“non-qualifying individual” has the meaning given by section 136(1);
(b)occupation of any part of a dwelling is regarded as occupation of the dwelling.