CG73749 - Non-Resident Capital Gains Tax (NRCGT) - Disposals on or after 6 April 2015 to 5 April 2019: Disposals of a UK Residential Property Interest: Student accommodation
(Sch B1/para 4
Student accommodation falls into two broad categories, ‘student houses’ and ‘purpose built student accommodation’. Student houses are ordinary buildings designed and built for use as dwellings by families and households, but which happen to be used as a house in multiple occupation by unrelated individuals who happen to be students. Purpose built student accommodation is accommodation within blocks which was designed and built for students.
Disposals of student houses are subject to non-resident CGT in the same way as any other houses, whereas purpose built accommodation is excluded from liability.
A building is not to be regarded as used or suitable for use as a dwelling for a tax year if it provides accommodation that -
- includes at least 15 bedrooms,
- is purpose-built for occupation by students, and
- is occupied by students on at least 165 days in that tax year.
For this purpose “purpose-built” includes conversion. Accommodation is for “occupation by students” if it is occupied exclusively or mainly by persons who occupy it for the purpose of undertaking a course of education (otherwise than as school pupils). “Exclusively or mainly” simply means more than 50%.
In addition, a building is not regarded as used or suitable for use as a dwelling if it occupied by students and managed or controlled by their educational establishment etc (within Housing Act 2004/Sch 14/paragraph 4). This includes buildings covered by provisions in Scotland or Northern Ireland that are designated as “corresponding provisions” in regulations made by HM Treasury.
Where a property does not fit either of these categories, the legislation does not have the effect of automatically deeming the property to be “used or suitable for use as dwelling” for non-resident CGT purposes.