Finance Act 2009, Section 81 is up to date with all changes known to be in force on or before 02 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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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