Taxation of Chargeable Gains Act 1992 Schedule 1B paragraph 9

Power to modify meaning of "use as a dwelling"

Schedule 1B paragraph 9 gives the Treasury the power to make regulations that change or clarify when a building counts as being used, or suitable for use, as a dwelling for the purposes of this Schedule.

  • The Treasury can make regulations by statutory instrument to alter the definition of "use as a dwelling" within this Schedule.
  • Regulations may add new circumstances in which a building is treated as being used, or suitable for use, as a dwelling.
  • Regulations may equally remove circumstances, so that certain buildings are no longer regarded as dwellings for the purposes of this Schedule.
  • This delegated power allows the rules to be updated over time without requiring primary legislation, ensuring the definition keeps pace with changing property use patterns.

Example

A property developer disposes of a building that has been used as short-term holiday accommodation. It is not immediately clear whether this constitutes "use as a dwelling" for the purposes of Schedule 1B. If the Treasury has made regulations under paragraph 9 specifying that short-term holiday lets do, or do not, count as dwelling use, those regulations will determine how the disposal is treated for chargeable gains purposes. Without such regulations, the question would fall to be determined under the general provisions of the Schedule.

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