(1)This section applies if during a tax year a person lets both—
(a)qualifying holiday accommodation, and
(b)accommodation that would be qualifying holiday accommodation if the letting condition (see section 325(3)) were met in relation to it (“under-used accommodation”).
(2)The person may make an election for the tax year specifying—
(a)the qualifying holiday accommodation, and
(b)any or all of the under-used accommodation.
(3)The under-used accommodation so specified is treated as qualifying holiday accommodation for the tax year if the average of the number of let days for the tax year of all the accommodation specified in the election is at least [F1 105 ].
(4)“The number of let days” for a tax year of any accommodation is the number of days during the relevant period for which it is commercially let by the person as holiday accommodation to members of the public.
(5)Qualifying holiday accommodation may not be specified in more than one election for a tax year.
(6)An election for a tax year must be made on or before the first anniversary of the normal self-assessment filing date for the tax year.
[F2(7)This section is to apply separately in relation to accommodation in the United Kingdom and accommodation in EEA states F3....]
Textual Amendments
F1Word in s. 326(3) substituted (with effect in accordance with Sch. 14 para. 5 of the amending Act) by Finance Act 2011 (c. 11), Sch. 14 para. 2(4)(a)
F2S. 326(7) inserted (with effect in accordance with Sch. 14 para. 4 of the amending Act) by Finance Act 2011 (c. 11), Sch. 14 para. 2(4)(b)
F3Words in s. 326(7) omitted (31.12.2020) by virtue of The Taxes (Amendments) (EU Exit) Regulations 2019 (S.I. 2019/689), regs. 1, 13(2) (with regs. 39-41); 2020 c. 1, Sch. 5 para. 1(1)