RDRM37020 | Remittance Basis: Appendices: Appendix 2 - Residential Property

For the purposes of this transitional provision, residential property is defined at Part 4 of FA03, at section 116. The definitions there include:

• A building that is used or suitable for use as a dwelling, or is in the process of being constructed or adapted for such use. ’Building’ includes part of a building.

• This includes an interest in or right over land that subsists for the benefit of a building

• Examples of buildings used as a dwelling include residential accommodation for:

• School pupils

• Students (although refer to the exclusion below)

• Members of the armed forces

• It also includes an institution that is the sole or main residence of at least 90% of its residents (although refer to the exclusions below

• Buildings used for any of the following purposes are not used as a dwelling

• Buildings providing residential accommodation for children; a hall of residence for students in further or higher education

• Buildings providing residential accommodation with personal care for persons there by reason of old age, disablement, past or present dependence on alcohol or drugs or a mental disorder

• Hospitals or hospices

• Prisons or similar establishment;

• Hotels, inns or similar establishment

Land that is or forms part of the garden or grounds of a building above, (including any building or structure on such land).

This includes an interest in or right over land

Contact

BAI Personal Tax International, Remittance Basis Technical Team Bootle.