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Meaning of dwelling-house

Finance costs restrictions for landlords

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Would a supported living unit providing a home and supported care to residents fall under the new residential landlord finance relief restrictions for dwelling-homes ITTOIA 272A 2005?

Update: It is reported as a letting business on the SA return as the residents pay rent to the landlord (the care aspect trade is kept separate under a company and is funded via social care grants and not rents).

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By Accountant A
06th Aug 2018 12:52

Have you looked at the legislation or HMRC guidance?

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Replying to Accountant A:
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By cablew
06th Aug 2018 15:10

.

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Replying to cablew:
By Ruddles
06th Aug 2018 14:19

And the dictionary definition of dwelling house is ...?

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Nichola Ross Martin
By Nichola Ross Martin
07th Aug 2018 08:06

It would depend on whether you are renting it out to someone and reporting rental income as a property business.

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Replying to Nichola Ross Martin:
By Ruddles
07th Aug 2018 08:19

Fairly obvious - if there’s no rental business the interest restriction is not in point. But the question was about the status of the property itself

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By Justin Bryant
07th Aug 2018 10:10

If each dwelling unit has the usual attributes of a dwelling (bathroom, kitchen, bedroom etc.) then unless it's a trade I would imagine so per the following:

https://www.taxationweb.co.uk/forum/interest-relief-on-a-mixed-property-...

https://www.gov.uk/hmrc-internal-manuals/property-income-manual/pim2054

http://www.legislation.gov.uk/ukpga/2015/33/section/24/enacted

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Replying to Justin Bryant:
By Ruddles
07th Aug 2018 10:55

But none of those references define ‘dwelling house’, which is the OP’s question.

I do though agree with your opening lines, which tie in with the usual dictionary definition.

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By Portia Nina Levin
07th Aug 2018 12:18

Why is s 272A in point for a trade?

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Replying to Portia Nina Levin:
By Ruddles
07th Aug 2018 12:32

You’re absolutely right - the OP distracted me (and perhaps him/herself) with the title to his/her question.

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Replying to Portia Nina Levin:
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By Justin Bryant
07th Aug 2018 12:38

No-one said it was. On the contrary, Nichola & I said it wasn't in point. Anyway, dwelling-house is not further defined in the legislation, so it will take its normal every day meaning (as with SDLT & ATED where it also is not further defined).

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Replying to Justin Bryant:
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By Portia Nina Levin
07th Aug 2018 12:46

No. Nobody said it wasn't in point. And I was responding to the OP, on that very basis.

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Replying to Portia Nina Levin:
By Ruddles
07th Aug 2018 13:38

Since people are playing semantics I’ll join in. I believe that what Justin was trying to say, but with the wrong grammar, was that he had said that s272A would not be in point if ...

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