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Legislation
Finance Act 2009

Crossheading Stamp duty land tax

  • Section 80 Exercise of collective rights by tenants of flats
  • Section 81 Registered providers of social housing
  • Section 82 Rent to shared ownership
  1. Stamp duty land tax
  2. Registered providers of social housing

Section 81 | Registered providers of social housing

From legislation.gov.uk

(1)Part 4 of FA 2003 (stamp duty land tax) is amended as follows.

(2)Section 71 (certain acquisitions by registered social landlord) is amended as follows.

(3)Insert at the beginning—

(A1)A land transaction under which the purchaser is a profit-making registered provider of social housing is exempt from charge if the transaction is funded with the assistance of a public subsidy.

(4)In subsection (4), for “subsection (1)(c)” substitute “ this section ”.

(5)Schedule 9 (right to buy etc) is amended as follows.

(6)In paragraph 5 (shared ownership leases: “qualifying body” etc)—

(a)in sub-paragraph (2), insert at the end—

(g)a registered provider of social housing that is not within paragraph (b) (subject to sub-paragraph (2A)).

, and

(b)after that sub-paragraph insert—

(2A)A registered provider of social housing within sub-paragraph (2)(g) (“R”) is only a qualifying body in relation to a lease of premises if the following has been funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—

(a)the purchase or construction of the premises by R (or a person connected with R), or

(b)the adaptation of the premises by R (or a person connected with R) for use as a dwelling.

(2B)Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (2A).

(7)In paragraph 7 (shared ownership trusts: introduction)—

(a)in sub-paragraph (3), omit “(within the meaning of paragraph 5(2))”, and

(b)insert at the end—

(7)In Condition 2 “qualifying body” means—

(a)a qualifying body within the meaning of paragraph 5(2)(a) to (f), or

(b)a registered provider of social housing within paragraph 5(2)(g) (subject to sub-paragraph (8)).

(8)A registered provider of social housing within paragraph 5(2)(g) (“R”) is only a qualifying body in relation to a shared ownership trust if the following has been or is being funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—

(a)the purchase or construction of the trust property by R (or a person connected with R), or

(b)the adaptation of the trust property by R (or a person connected with R) for use as a dwelling.

(9)Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (8).

(8)The amendments made by this section have effect in relation to transactions with an effective date on or after the day on which this Act is passed.

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