PART XII SPECIAL CLASSES OF COMPANIES AND BUSINESSES
CHAPTER VI MISCELLANEOUS BUSINESSES AND BODIES
C1504 Supplementary provisions.
1
M1This section has effect for the purposes of section 503.
2
A letting—
a
is a commercial letting if it is let on a commercial basis and with a view to the realisation of profits; and
b
is of furnished accommodation if the tenant is entitled to the use of furniture.
3
Accommodation shall not be treated as holiday accommodation for the purposes of this section unless—
a
it is available for commercial letting to the public generally as holiday accommodation for periods which amount, in the aggregate, to not less than 140 days;
b
the periods for which it is so let amount in the aggregate to at least 70 days; and
c
for a period comprising at least seven months (which need not be continuous but includes any months in which it is let as mentioned in paragraph (b) above) it is not normally in the same occupation for a continuous period exceeding 31 days.
4
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Any question whether accommodation let by a company is at any time in an accounting period holiday accommodation shall be determined—
a
if the accommodation was not let by it as furnished accommodation in the period of 12 months immediately preceding the accounting period but is so let in the period of 12 months immediately following the accounting period, by reference to the 12 months beginning with the date in the accounting period on which it first so let it;
b
if the accommodation was let by it as furnished accommodation in the period of 12 months immediately preceding the accounting period but is not so let by it in the period of 12 months immediately following the accounting period, by reference to the 12 months ending with the date in the accounting period on which it ceased so to let it;
c
in any other case, by reference to the period of 12 months ending with the last day of the accounting period.
6
Where, in any F4. . . accounting period, a F5company lets furnished accommodation which is treated as holiday accommodation for the purposes of this section in that F6. . . period (“the qualifying accommodation”), F7the company may make a claim under this subsection, within F1the time specified in subsection (6A) below, for averaging treatment to apply for that F6. . . period to that and any other accommodation specified in the claim which was let by F8the company as furnished accommodation during that F6. . . period and would fall to be treated as holiday accommodation in that F6. . . period if subsection (3)(b) above were satisfied in relation to it.
F26A
The time mentioned in subsection (6) F9above is the period of two years beginning at the end of the accounting period in which the accommodation was let.
7
Where a claim is made under subsection (6) above in respect of any F10. . . accounting period, any such other accommodation shall be treated as being holiday accommodation in that F11. . . period if the number of days for which the qualifying accommodation and any other such accommodation was let by the claimant as mentioned in subsection (3)(a) above during the F11. . . period amounts on average to at least 70.
8
Qualifying accommodation may not be specified in more than one claim in respect of any one F12. . . accounting period.